EJECTMENT SUIT
KISHORE KUMAR JOSHI
(Querist) 17 February 2016
This query is : Resolved
One of Tennant has defaulted in paying rent for more then 12 months in west bengal kolkata.Can he be ejected ? Wil he still have the chance to deposit rent in court?
Dr J C Vashista
(Expert) 18 February 2016
1. Whether West Bengal Rent Control Act is applicable to the demised premises or it shall be dealt under the provisions of Transfer of Property Act?
2. Have you issued notice for payment of rent and its arrears?
3. Why did landlord allowed and continued with the tenant when s/he was not paying the rent for 12 consequtive months?
4. Is there any registered/unregistered written rent/ Lease & Licence Agreement with the tenant?
5. There are various other questions relating to the query which have not been provided.
Disucuss, consult and engage a local lawyer for proper advise and proceedings.
Devajyoti Barman
(Expert) 18 February 2016
1. Default in payment of rent is a ground for eviction in both West Bengal Premises Tenancy Act and Transfer of property Act.
2.However if you file the suit on this ground alone then you will not meet with much success as once the tenant after appearance in the suit deposit the rent in court, this ground goes.
3.So add ground of reasonable requirement along with the ground of default of rent.
Rajendra K Goyal
(Expert) 18 February 2016
Agree with the expert Devajyoti Barman.
Dr J C Vashista
(Expert) 19 February 2016
If you feel like I shall advise you to consult and take expert professional advise, guidance, and services for proper and professional proceeding in Court from Mr. Devajyoti Barman, the best local practicing advocate in Kolkata High Court and one of the senior members of this platform.
