Eviction of Tenant from Ancestral Property
Querist :
Anonymous
(Querist) 08 May 2011
This query is : Resolved
Dear Sir/Madam,
I am an ex-defence person and staying at Mumbai while my parents are staying at Kolkata at Ancestral Property.
A tenant is staying at part of our premises since long and my father is continuing a civil suite to evict the tenant since last 25 years.
But now I an assuming the civil suite is not having any strength as my father is unable to prove that we need the portion of tenant for our personal use.
Can anybody guide me how I can help my ailing parent to evict the premises, as the tenant is politically influenced and mentally tortures my parent for by abusing every time.
Request Help / guide to get strong ground to evict tenant
Guest
(Expert) 08 May 2011
Get your transfer to Kolkata and your father will be having the reason to quote that he needs the house to accomodate his son and his family.
M/s. Y-not legal services
(Expert) 09 May 2011
You may try to settle the issue out of court.. I mean just arrange any money settlement for evict the tenant.. This is a way as per logic..
M/s. Y-not legal services
(Expert) 09 May 2011
Or if you want legal eviction mean just you have to approach the concern high court. By filing a civil revision petition for the speedy disposal on your eviction suit.. Its mean the high court will fix the time frame for dispose your pending suit.. This is the legal way..
s.subramanian
(Expert) 09 May 2011
The suggestion of tom.advocate is good. Try to follow it and close down the litigation.
mastanrao.bhogadi
(Expert) 09 May 2011
Sir,
What is the stage of the case filed by your father? whats it result
Querist :
Anonymous
(Querist) 09 May 2011
Dear Sir,
The case is placed showing that we require the portion for our own use. But the property is having a good number of rooms unused / rarely used as only me aged parents are staying there.
The tenant is paying rent Rs. 75/- in rent control. I tried to convinced my father for out of court settlement. But Now the case is prestrige issue to him and the tenant demanding Rs. 5 lacs against the two rooms they were staying for last 35 years only for Rs. 75/- per month rent paid through rent control.
I can transfer myself to Kolkata leaving all my earning source at Mumbai, but will it give a good strength to the demand as the premises is having good nunber of rooms.
The most pathetic thing is that my father spent 30 years of his live to fight the case against the tenant, he is now of 78 and being an ex-service man I am not finding any way to vacate the premises and give my father few days of relief before his death.
Kiran Kumar
(Expert) 09 May 2011
25 years is really shocking.
well, we have got a member here Mr. Devajyoti Barman, he is Kolkata based lawyer and is well versed in local laws of West Bengal.
it will be good to approach him with all the relevant documents.
R.Ramachandran
(Expert) 09 May 2011
Dear Anonymous,
If the tenant wants Rs. 5 lakhs to vacate the premises, I would consider it a very good bargain. This especially since your parents do not need that extra space for them to live. It is not that your father is unaware of the prevailing conditions in Kolkatta and that his neighbours might have already given money and got the premises vacated. If your father wants to treat it as a 'matter of prestige' for him, then he cannot possibly avoid the tension and torture that he is undergoing. I would rather say that it is self-infliction. It would be better for you to speak to your father and get this tenant vacated at the earliest, lest he should raise his demand from Rs. 5 lakhs to anything upward.
Guest
(Expert) 09 May 2011
Really it would be a very peaceful solution, if some out of court solution is sought. If the position is such, as stated by the author that the problem is on account of the plenty of vacant rooms, even his posting to Kolkata may not help.
So, it will be better to accept the demand of the tenant instead of wasting any more time, money and peace of mind in fighting the case for several years, which has not been settled even after 30 years of efforts.
