Authority: High Court at Calcutta

Order Date: 06-10-2026

Case Overview

  • Parties: Petitioner M/s Indian Marble Traders (represented by Senior Advocate Mainak Bose) vs. Board of Trustees for the Port of Calcutta and others (including Estate Officer).
  • Original tenancy: Ganesh Chandra Ghosh held Plot No.D-504 at Chetla Station Yard from 1958; after his death intestate, his brother Kartick Chandra Ghosh was appointed guardian and sub‑let 50 % (≈1,382.24 sq ft) to the petitioner.
  • In 1995 Sharmita Ghosh (daughter of the deceased tenant) attained majority, applied to be guardian of her minor brother and wrote to the Port Trust requesting her name be recorded as tenant; Kartick Chandra Ghosh died on 02-05-1993.
  • Estate Officer initiated eviction proceeding No.815/2006 against the deceased Kartick Chandra Ghosh for alleged rent arrears of Rs 30,55,789.78, serving notice under Section 4 of the Public Premises (Eviction of Unauthorized Tenants) Act, 1971. Notice was affixed in the presence of the petitioner and recorded on 15-11-2006, but the postal notice was returned marked "deceased".
  • Petition filed appeal (P.P. Appeal No.11 of 2007) which was dismissed by the Additional District Judge on 07-10-2024. Petition then filed writ under Article 227 challenging that order.
  • Arguments: Petition counsel argued that a proceeding against a dead person is a nullity and that Section 13 of the Act requires substitution of heirs. Opposite party argued existence of rent arrears and that legal heirs were aware and had waived rights; cited case law limiting High Court’s supervisory power.
  • Court examined service of notice, the letter dated 24-03-1995, and the statutory provision that a proceeding may be continued against heirs only after proper substitution, which was not done.

Final Outcome

  • The Court held proceeding No.815/2006 and the eviction order dated 26-03-2007 are null and void, setting aside both the Estate Officer’s order and the judgment of the Additional District Judge.
  • The Port Authorities are directed to initiate a fresh proceeding in accordance with the provisions of the Public Premises Act, 1971.
  • The writ application is disposed of.

Topics: Eviction, Public Premises Act, Port Authority