Regarding eviction from shop on rent
Deepak
(Querist) 09 September 2012
This query is : Resolved
Hi,
Around 56 years ago my granfather rented a shop in a building(ground floor)in kolkata(West Bengal),the rent for which is Rs 200 now.My father has been doing business in that shop since last 35 years and has taken the power of attorney from my grand father for doing business in that shop.
Around 30 years back the original landlord(Mr X) sold the entire property to another person(Mr Y).The new landlord entered into an agreement with us to sell the above mentioned shop to us at a price of Rs 40,000 after some re-construction work in that property.But after the re-construction was completed he offered to give us a smaller shop (around 400 sq ft)in that property whereas the original shop was of 600 sqft.So the matter went to the court and verdict was given in our favor.Though we got the possesion of the shop but the landlord(Mr Y) never sold that shop to us despite the agreement and also refused to accept rent.Since then we have been depositing rent with the Rent controller.
Around 2 years back,this landlord (Mr Y) sold the shop alongwith another shop in the ground floor to another person (Mr Z) who happens to have some political connection and muscle power.Since then the new landlord Mr Z(though we are not sure if he has actually purchased that shop)has been threating us to vacate the shop using various unscrupulous means.
Now recently my grandfather died (around 5 months back) leaving behind his wife(my grandmother) and his 4 sons(including my father).
Since my father was doing business in that shop so he is still continuing there but the new landlord(Mr Z) has now filed a suit against us for eviction.
Can you please tell me is it possible for the landlord(Mr Z) to evict us from that shop on any ground.
If No,then is there any law by which we can get a protection against such eviction coz in future he might again sell to someone else who will again try to evict us.
Can we challenge the ownership of Mr Z by using the sale agreement that we had with Mr Y ?
Also do we have right to get the rent receipt changed to my father's name(if we get NOC from my grandmother and other uncle's).
A detailed answer on the course of action will be really helpful.
Thanks in advance.
ajay sethi
(Expert) 09 September 2012
on your grand father death your grand mother and her children are deemed tenants .
1)if landlord has filed suit for eviction you have to engage a local lawyer to defend the case . you have not mentioned the grounds on which suit for eviction has been filed .if landlord requires premises for personal use then he can file suit for eviction
2)you have stated that you had entered into agreement with Y for purchase of shop premises . it appears that you have not filed any case based upon said agreement . suit would be barred by limitation now .
3)it is necessary to go through the provisons of agreement to advise .
