Tennant of rent shop
Susanta Manna
(Querist) 16 February 2014
This query is : Resolved
My grandfather was a tenant of a shop from 1949 at kolkata. After his death my father run the shop as a tenant with same business of lathe workshop. the electricity connection & trade licence was changed in name of my father. now at 2011 my father expired. the landlord asked me to vacate the shop without paying any compensation and also denied to give me permission to change the trade and hence landlord not accepting rent. so i am depositing monthly rent at Rent control.now the shop remain closed after my father's death.my grandma and my mother is still under my care as i am single son of my father.So kindly inform whether the landlord can vacate the shop and take possession by taking legal help and also advice if i can change the trade without his consent.
Devajyoti Barman
(Expert) 16 February 2014
Yes. under the new tenancy Act the tenancy remains in effect after the death of the original landlord for a period of 5 years unless the landlord accept the legal heir as his new tenant.
In your case the landlord refuses to accept you the new tenant and hence you are liable for eviction.
However in WB Tenancy Law there are hundreds of ways to frustrate the design of the landlord. in any case you do not need to remain the tenanted room closed even if the landlord is not accepting you as tenant.
Advocate M.Bhadra
(Expert) 16 February 2014
Eviction of tenant is a lengthy process,landlord can evict the tenant on reasonable requirement ground.You can continue your business till disposal of the suit if it would file by the landlord.
Sec.2(g)West Bengal Premises Tenancy Act
TENANT means any person by whom or on whose account or behalf the rent of any premises is or, but for a special contract, would be payable, and includes any person continuing in possession after termination of his tenancy and, in the event of death of any tenant, also includes, for a period not exceeding five years from the date of death of such tenant.
Rajendra K Goyal
(Expert) 17 February 2014
Agree, the eviction of tenant is a lengthy process. You can continue your business and get the help of a local lawyer and show him the relative documents.
Dr J C Vashista
(Expert) 17 February 2014
The Rent Control Act(s) are state subjects and vary slightly. However, the Rent Control Act is designed primarily to provide protection to the tenant.
Since you have taken the premsis for commercial purpose, it is you (and not the landlord) to decide which business you want to do from the accommodation.
