West bengal thika tenancy act
Azhar Imam
(Querist) 11 October 2013
This query is : Resolved
We have a thika tenancy property in West Benal (under Kolkata Municipal Corporation jurisdiction). The property is in the name of my father and my uncle who does not stay with us and hardly anyone knows him. We have been collecting rent for the past thirty years. I have two issues on which I would require expert opinion -
1. In 2012, we revised the rent with an increment of Rs 20 p.m for each tenant. The last rent revision was done ten years ago (Rs 5 pm). Two tenants refused to pay the increased rent and contested that the increment was very high and since then they have stopped paying the rent to us. We did not take any further action against them. I personally don't believe they are paying any rent to rent controller as we have not got any communication from the rent controller's office. What can be our stand now on this? Can we serve a notice of eviction on the ground of not having paid the rent for over a year?
2. One of the tenants mentioned (who is not paying rent since a year) above does not stay here now and only comes occasionally. He has himself admitted that he does not require the room, however says that his nephew/brother could come and stay periodically. Majority of the time, the room is locked. We are a family of six members (3 males,3 females - all adults) and have a room in the same property comprising of one room only. We are in a dire need of another room to at-least accommodate ourselves adequately. Since this tenant does not require the room, can we take the possession of the same? If yes, is there any specified sum of money that should be paid out to the tenant?
Thanks for reading this through, would really appreciate expert opinion on these issues. Thanks, Azhar
R.K Nanda
(Expert) 12 October 2013
BETTER CONSULT LOCAL LAWYER PERSONALLY.
ajay sethi
(Expert) 12 October 2013
1) IF TENANT HAS NOT PAID RENT FOR ONE YEAR ISSUE LEGAL NOTICE AND FILE SUIT FOR EVICTION AGAINST THE SAID TENANT .
2)YOU CAN ALSO FILE SUIT FOR EVICTION ON GROUNDS THAT YOU REQUIRE THE PREMISES FOR YOUR OWN USE .
YOU CANNOT TAKE POSESSION OF PREMISES FORCIBLY WITHOUT FOLLOWING DUE PROCXESS OF LAW
Rajendra K Goyal
(Expert) 12 October 2013
send legal notice followed by the eviction suit. Forcibly you can not take the possession.
Raj Kumar Makkad
(Expert) 12 October 2013
I have also the similar opinion as expressed above.
