Tenancy law & evacuation
Swapan Kumar Sengupta
(Querist) 04 April 2016
This query is : Resolved
I am a resident of Howrah, West Bengal staying in the same house continuously for 46 years. I am residing in the ground floor of a 2 storied house, the upper floor of the house being occupied by the family of my late elder brother.
My father was the original tenant. On his passing away, my mother became the tenant. On my mother's passing away in 1990, and on being prodded by the landlord, I had agreed to the rent receipt in favour of my late elder brother. However, I have credible evidence, at least upto 2005, that I too was paying half the rent. Further, all my close relatives (all siblings and their progeny will also testify accordingly)
I have documentary proof of living here continuously - ration card, voter card, passport, gas & telephone connection in my name at this address.
What legal recourse I have to prevent legal eviction, if such an eventuality occurs.
Can I take any preventive legal measure to avoid any attempt at surreptitious ex-parte Judgement, as is reportedly arranged, by non-servicing of summons?
I shall be grateful for any response.
Devajyoti Barman
(Expert) 05 April 2016
Well, if there is any chance of extra judicial measures to evict you forcefully from the premises you can file a suit for declaration and injunction.
If you are tenant then in the event of filing of suit for eviction you can only contest the suit on merit.
Be vigilant to avoid any ex parte decision.
Rajendra K Goyal
(Expert) 05 April 2016
If any case ids filed to evict you, challenge the same. Engage services of some good lawyer.
