Eviction and rights as a tenant
Querist :
Anonymous
(Querist) 10 May 2011
This query is : Resolved
Sir,
We are tenants of a premises in Kolkata since 1972. We have been paying rent to the original landlord who expired and we continued paying rent to his widow who became our landlady. In 2002 the said landlady refused to accept rent even when we sent the rents through Postal Money Order. As per advise of our lawyer, we started depositing our rent with the Rent Control Department and are doing so till this date without break.
Unknowing to us, the landlady had in the meantime mortgaged the property with a nationalised bank. She also sold parts of the mortgaged building to different unsuspecting people by using fake deeds and to avoid litigaton is currently absconding.She could not repay the loan and very recently the Bank has put up a Possession Notice at the premises and published the fact in newspapers.
My query is:
1. Does it mean that the Bank is the owner of the house?
2. Can the bank or any one who purchases the house evict us, who are paying rent regularly with the Rent Control Deptt?If there is that risk, will we be given proper notice before such eviction?
3. If there is any auction by the Bank, are we as bonafide tenants eligible to be offered first preference to purchase our part (the rented property)?
Please provide your valuable opinion in this regard.
Thanks.
adv. rajeev ( rajoo )
(Expert) 10 May 2011
you have no chance. When it is pledged to the bank they are first holder.Bank or purchaser has right to evict you. If property put into action if you want to purchase the property you can bid for it.
R.Ramachandran
(Expert) 10 May 2011
Even if anyone purchases the property, either due to default of the land lady, or in auction purchase etc. etc., your position as a tenant cannot be disturbed without due process of law.
If anybody tries to evict you, please approach the court and you will get immediate relief.
abhay dholakiya
(Expert) 10 May 2011
yes i think mr ramchandran is right ttenant can not be changed whether owner is changed and you lived from 1972 you also able to get injction as per esement act
Devajyoti Barman
(Expert) 10 May 2011
1. The bank is not the owner but may be a secured creditor in this circumstances.
2. Yes, as per West Bengal Premises Tenancy Act, the tent is bound to get a clear month's notice u/s 6 of the Act.
3. Yes, you may be considered. But if you take the appropriate strategy before the DRT then you may not have to face such situation.
The location of your property would have been helpful to guide you more in tackling the dispute with the bank.
Guest
(Expert) 11 May 2011
Agree with Devajyoti.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 May 2011
