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Jayanti Devi (Student)     22 August 2019

Tenant eviction clause in kolkata

What are the ways to evict a tenant after the expiry of leave and license agreement of 11 months in Kolkata?

1) Does an owner need to provide rental receipts ?

2) Has supreme ourt passed any order that tecnically a tenant can continue to stay for 5 years on paying rent ?

3) Does the West Bengal Premises Tenancy Act has any clause for eviction after expiry of lease such as personal use, etc

If so, how will owner prove his personal use ?

4) In case of joint ownership, is joint personal use need to be proved for eviction ?

5) can owner introduce a clause of heavy rent after 11 months in order to evict? - and would that be legal to increase rent 4-5 times in case tenant does not evict after 11 months?



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 9 Replies

sm.calcutta (Advocate)     22 August 2019

Is it a lease or tenancy? Lease is governed by the Transfer of Property Act, while tenancy is governed by West Bengal Premises Tenancy Act. If it is a 11month lease, after expiry of the time the lease is terminated automatically. the leasee can be evicted by giving a notice of eviction.

Jayanti Devi (Student)     22 August 2019

It  is a eleven month lease i.e leave andl license agreement,

1) What is the lessee does not vacate after expiry period?

2) what is the next legal action to be taken and what are the necessaryy evidences required to be kept ready for that legal action?

sm.calcutta (Advocate)     22 August 2019

suit needs to be filed in the court of competent jurisdiction for his eviction. documents in support of your claim are required,like the agreement, rent recipts, your legal notice sent to the lessee asking him to vacate the property..etc.

sm.calcutta (Advocate)     22 August 2019

first a notice of eviction needs to be sent to the lessee. if he does not vacate the property even after that, then court proceesings can be commenced.

sm.calcutta (Advocate)     22 August 2019

first a notice of eviction needs to be sent to the lessee. if he does not vacate the property even after that, then court proceesings can be commenced.

sm.calcutta (Advocate)     22 August 2019

first a notice of eviction needs to be sent to the lessee. if he does not vacate the property even after that, then court proceesings can be commenced.

sm.calcutta (Advocate)     22 August 2019

first a notice of eviction needs to be sent to the lessee. if he does not vacate the property even after that, then court proceesings can be commenced.

Jayanti Devi (Student)     23 August 2019

since it is a lease deed, it would come under transfer of property act.

in this case, is police verification report of tenant compulsory before sending eviction notice ?

sm.calcutta (Advocate)     23 August 2019

not compulsory. your lease agreement should be there.

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