Tanancy
Sekhar Sarkar
(Querist) 31 July 2013
This query is : Resolved
My father is a tenant in a house at Kolkata. He was died in the year 2000.The rented room consists of a 12X10 feet room at north kolkata. I have my own residence at South Kolkata. I paid rent upto the month of march 2010. Unfortunately I coundnot be able to pay the rent from April 2010. Suddenly the landlord lodged a 144 and 107 against me, broke the lock and possessed the room. The police officer at local police station also reported to the court that landlord was in khas posssion since april 2010 (as per their investigation).What should i do now to regain my possion? The local political party is also in favour of the landlord.
ajay sethi
(Expert) 01 August 2013
you will have to file suit for declaration of your tenancy and for regaining posession .
however even if you win problem is you have alternative accomodation and landlord may file fresh proceedings for your eviction
Rajendra K Goyal
(Expert) 01 August 2013
Agree with the expert, you may file suit.
Also agree that it will open a long chain of litigation.
Raj Kumar Makkad
(Expert) 01 August 2013
If the landlord has taken possession after initiating legal process then better to obtain all those documents first and decide next course of action accordingly. Better to contact a local lawyer with those documents.
Sekhar Sarkar
(Querist) 01 August 2013
Dear Mr.Makkad and Sethi,
As per the landlord, he has sent me several notice to quit for the premises and the notice returned to his lawyer as "refused". He then filed a suit for eviction and the learned court has sent the summon by post which was also returned as "refused". So an ex-parte hearing was made and the court has directed to break the lock and took the possesion.
