Help ! can a tenant accquire my property after a certain period of time in west bengal ?
ryan
(Querist) 10 April 2015
This query is : Resolved
Hello,
I have rented out a small building with one room, it is inside my residential house premises but not attached with my house. My tenant used it for commercial purpose (womens beauty parlour). I provided my tenant the NOC to have a seperate electric connection in their name, so they have a seperate electric meter from electricity board. The agreement expired in 2006 and my tenant refused to vacate , so I filed a court case in the district court in 2006. I won the case but then they moved to high court in kolkata, and the court case is still going on since 2006 to 2015.
I am worried because I read somewhere that if a tenant stays in a rented property for more than 12 years with having a electric/telephone/gas connection in their own name, then hey can claim the property. So, IS IT TRUE ?
Can you please suggest any kind of way in which the case could be ended and I can get possession of my property ?
Right now they are trying to get a stay order from high court and we are trying to prevent it.
Please suggest some solution to this problem, I am totally frustrated.
Devajyoti Barman
(Expert) 10 April 2015
Once a tenancy always a tenancy and no matter of duration of tenancy it can never turn into ownership by operation of law.
I wonder why the appeal is taking so long as the High Court in Calcutta does not take such long time to dispose of appeal if Paper Book is ready.
Current bench hearing the appeal matters is in favour of the tenants.
Dr J C Vashista
(Expert) 10 April 2015
I agree with expert advise of Mr. Devajyoti Barman.
However, what does your counsel advise? Why do you want to cross-check your lawyer?
ajay sethi
(Expert) 10 April 2015
agree with Mr barman . tenant is always a tenant
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
Agreed with the experts views. You verify the appeal issue through some other lawyer if your lawyer is not responding properly and get updated with the latest developments.
Biswanath Roy
(Expert) 17 April 2015
I differ with the opinion " Once a tenancy always a tenancy".
If you can show me your case papers I can help you to regulate your case to bring it in an end.
