Suit of eviction on grounds of reasonable requirement
SABIR AHMED
(Querist) 06 April 2015
This query is : Resolved
Dear Sir,
Is requirement for office space to start a new business, a valid reasonable requirement cause to file a suit of eviction on the tenant ?
Further, please let me know which are the valid reasonable requirement causes which adds weightage in a suit of eviction to get back possession of premises let out for tenancy purpose.
Please note in this case, the jurisdiction is Kolkata.
Regards,
Sabir
Advocate M.Bhadra
(Expert) 06 April 2015
SEC.6 (d) West Bengal Premises Tenancy Act
"where the landlord or any person, for whose benefit the premises is held,reasonably requires the premises for his own occupation and the landlord or such person is not in possession of any suitable accommodation within the same Municipal Corporation or Municipality or in any other area within ten kilometres from such premises."
So,it does not matter it is commercial to let tenant but landlord have to prove that he has no other accommodation within ten kilometer or it require for his own occupation for residential or commercial purpose.But better to submit present accommodation is not adequate to the landlord and for his family.
Devajyoti Barman
(Expert) 06 April 2015
Yes, starting a business is a good ground for eviction on reasonable ground.
The reasonable requirement ground encomapses both for the user of residential as well commercial purposes.
If you divulge more information then further advice can be given.
Rajendra K Goyal
(Expert) 07 April 2015
Requirement for office space to start a new business is a valid ground for eviction, consult local lawyer and discuss in detail.
Expert Devajyoti Barman is local, avail his services.
ajay sethi
(Expert) 07 April 2015
agree with experts
Dr J C Vashista
(Expert) 08 April 2015
Where is the demised premises located i.e., the state (MP,UP, Bihar, Delhi, Kerla..), whether the property falls under the (State) Rent Control Act or not??
Consult a local lawyer, you can file eviction petition on the ground of "bonafide requirement"
T. Kalaiselvan, Advocate
(Expert) 11 April 2015
To start a new business itself is a good ground for eviction suit. Take the help of a local lawyer for further issues.
SABIR AHMED
(Querist) 14 April 2015
Dear Experts,
Many thanks for your valuable advice. I would like to provide more information in this matter. I am one of the co owners of a 3 storied building under Kolkata Municipal Corporation. There are total 9 self contained flats in the premises. I am in possession of a self cotained 3BHK flat in the bulding measuring about 650 sq. Feet. On my top floor my elder brother stays. He is having his office on the top floor ( asbestos shed ). Other 7 flats are occupied by tenants. My family consists of myself, my wife and my only daughter( student of seventh standard). I don't think I can evict a tenant for dearth of living space ( please, let me have your opinion ). Professionally,
I am a Business Manager in the Surgical equipment & instruments industry. I have already started a business side by side. In our type of industry, Goods come in big cartons. Presently, I am using one of the rooms to stock the items. Usually, customers do not come to the place of business, untill and unless, the customer is deprived of service and harrassed. It is like deliver the goods to the medical institution and take the payment.
But, only problem is my place of residence is becoming dirty, due to packaging wastes. Moreover, now-a-days, I have to do more pest control.
Please advice me how to go ahead for a suit of eviction on reasonable requirement, keeping in mind the inconviences, I am having presently to function this one man show business.
Regards,
Sabir
.
SABIR AHMED
(Querist) 14 April 2015
Dear Experts,
Many thanks for your valuable advice. I would like to provide more information in this matter. I am one of the co owners of a 3 storied building under Kolkata Municipal Corporation. There are total 9 self contained flats in the premises. I am in possession of a self cotained 3BHK flat in the bulding measuring about 650 sq. Feet. On my top floor my elder brother stays. He is having his office on the top floor ( asbestos shed ). Other 7 flats are occupied by tenants. My family consists of myself, my wife and my only daughter( student of seventh standard). I don't think I can evict a tenant for dearth of living space ( please, let me have your opinion ). Professionally,
I am a Business Manager in the Surgical equipment & instruments industry. I have already started a business side by side. In our type of industry, Goods come in big cartons. Presently, I am using one of the rooms to stock the items. Usually, customers do not come to the place of business, untill and unless, the customer is deprived of service and harrassed. It is like deliver the goods to the medical institution and take the payment.
But, only problem is my place of residence is becoming dirty, due to packaging wastes. Moreover, now-a-days, I have to do more pest control.
Please advice me how to go ahead for a suit of eviction on reasonable requirement, keeping in mind the inconviences, I am having presently to function this one man show business.
Regards,
Sabir
.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 April 2015
Law favors the week and under privileged.
You can get eviction only through the court orders which will be long drawn process.
And landlord make mistakes starting from sending notice which is highly technical issue.
So unless you can afford an advocate who has handled similar issues there will not be easy and quick remedies.
SABIR AHMED
(Querist) 16 April 2015
Dear Advocate Defence,
Kindly substantiate 'landlord make mistakes starting from sending notice which is highly technical issue'.
Regards,
Sabir
