M/S. A. C. ESTATES vs M/S. SERAJUDDIN & CO. AND ANOTHER

The Supreme Court held that under Section 16(3) of the West Bengal Premises Tenancy Act, 1956, the Controller cannot rescind a prior order declaring a sub-tenant as a direct tenant after the tenant's interest has ceased. The Court affirmed that the definition of 'tenant' in Section 2(h) includes a person in possession after tenancy termination, but excludes those against whom eviction orders have been made. The Court upheld the High Court's decision that the Controller's order of 9th August 1956 was final and could not be set aside, leading to the dismissal of the appellant's appeal.