STATE OF WEST BENGAL & ANR. vs SARAL KUMAR SEN GUPTA & ANR.

The Supreme Court held that Clause (7) of the tenancy agreement stipulates that the premises can only be used by the tenant and his family members while he resides there. The Court clarified that if the tenant vacates the premises for another residence, other family members cannot continue to occupy the premises as a separate unit. The judgment of the Division Bench was set aside, restoring that of the Single Judge, affirming the automatic termination of tenancy under Section 3(2)(ia) of the West Bengal Government Premises (Tenancy) Act, 1956, if the tenant acquires alternative housing.