How to evict a tenant.
Pran
(Querist) 23 February 2013
This query is : Resolved
Respected Sir,
I recently purchased a residential house (through a registered sale deed). The house is two storied and is more than 50 years old. On the upper floor there lives a family on rent, which claims of residing in that floor for more than 15 years (but there is no documental proof about it, on either side i.e. no agreement and everything was done verbally by the previous owner).
The previous owner of the house received a nominal rent of Rs.900/- per month and gave me the rent receipts of the last 7 or 8 years as because before 2004 or 2005 the rent payments were made without any receipts.
After the sale, the previous owner informed the tenant via a registered letter and also face-to-face about the transfer of ownership of the house. But, when I went to inform that tenant about my ownership they behaved very rudely and badly with me and through a quarrel they are claiming of having some rights over the property (since they are residing for such a long time).
I want to have possession of the whole house, hence please advice me my future course of action on how to evict them.
Thanking in advance.
ajay sethi
(Expert) 23 February 2013
file suit for eviction after issue of legal notice
R.K Nanda
(Expert) 23 February 2013
agree with Sethi.
Rajeev Kumar
(Expert) 23 February 2013
File suit of eviction after sending him legal notice.
Pran
(Querist) 23 February 2013
Respected Sirs,
Thank you for your valuable advice and I will follow your instructions exactly as you have told me to do.
Thus, based on your reply I can conclude that if the tenant during his defence in court, claims of having any right(s) over the residential property (due to the unaccounted time period for which he lived)then such a demand will be of any serious concern for me or not ?
(I have to be very clear on the above query before filing for the suit as because there is a trend in West Bengal, which is, every tenants who had lived for long term periods in any residential house forces themselves upon that property and want the actual owner to sell that property at a nominal price to that particular tenant itself or otherwise pay the tenant a sum as per his/her demand, and then only the tenant leaves)
Please, clarify this point and I shall immediately prepare myself for the next course of action.
Thanks in advance.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 February 2013
Just because ownership is changed does not give right of eviction to any landlord even in WEST BENGAL.
1) Under the WB rent act giving receipt for rent is obligatory on landlord., and if not given the burden of proof will be on landlord about dues.
2) Even after issue of notice and filing of case the tenant can deposit all due rent with simple ten percent interest in the court u/s 7 of WB RENT ACT.
3) U/S subsection 2 of section 7 the tenant has also liberty to deposit rent which he admits to be due and not demanded by the landlord.
Pran
(Querist) 23 February 2013
Dear Mr. Advocate Defense, I cannot understand that in which way the landlord (in this case me) does not have any right of evicting any tenant if I does not wish to continue to provide my house premises for tenancy.
And, on the other hand if I say that I have a big family and I cannot accomodate them all in a single floor and hence need both the floors. Then what law is there that will stop me from acquiring my own premises from an outsider.
Now on the rent factor, when I went to the tenant to say to continue paying the rent to the new landlord i.e. Me, they quarelled with me and after behaving very badly with they said they do not know me and will not pay any rent further.
Hence, how could you support such a person who is acquiring the premises of another person without having any documentation proof i.e. an agreement.
Please, clarify!!!
