Tenant not vacating the premises
Sanjit Kumar Das
(Querist) 28 December 2013
This query is : Resolved
Dear Experts,
I have given my property at Calcutta on rent basis to my cousin brother in the year 2009. A nominal agreement was made on 10 Rs. stamp paper for two years with one room having my furnitures & they will use as such without disturbing my belongings rent was Rs 2300. After 2 yrs. at 2011 I made further agreement for 1 yr. rent incresed to 2600 but no agreement copy with me. & finally in 2012 May i made another agreement ( no paper with me)for 2 yrs. rent increased to 3500. He is paying rent every month I am paying the receipt.Now he is pressurising me to sell the property to him as per his price which is half of the market value & threating me he will through away my belongings &if I do not agree to sell then he is not going to vacate the house. What should I do. I am staying at Vadodara( Gujarat). How can I retrieve or evacuate the property which my tenant is suppose to vacate by April'2014. Kindly suggest.
Regards,
Sanjit Kumar Das
ajay sethi
(Expert) 28 December 2013
comntact a local lawyer . issue legal notice for termination of agreement . file suit for eviction
Sanjit Kumar Das
(Querist) 28 December 2013
Thank you so much.. usually how much time is required to get the judgement?
Rgds,
Sanjit Kumar Das
ajay sethi
(Expert) 28 December 2013
depends upon pendency of cases .
R.K Nanda
(Expert) 28 December 2013
FILE EVICTION PETITION.
Rajendra K Goyal
(Expert) 28 December 2013
File eviction petition, success depends upon the merit of case and issues raised. May take 4-5 years in decision, appeal can be done by loosing party.
Devajyoti Barman
(Expert) 29 December 2013
After the recent amendment of West Bengal Premises tenancy Act, there are brought several changes. One among those is to speed up the pace of litigation.
You should not succumb to the pressure of your cousin and file a suit for eviction.
prabhakar singh
(Expert) 29 December 2013
It is true that a tenant can be evicted only by filing a summary suit of eviction but only on grounds laid in law.So you need to look in the West Bengal Premises tenancy Act,if it covers your building,for the grounds of eviction available to you.
If your building is not covered by the said Act then on the basis of facts told,I find his tenancy month to month which can be determined by serving upon him a registered notice under section 106 of the Transfer of Property Act,and on his default to comply notice would afford you a cause of action to file eviction suit.
\I WOULD ADVISE YOU TO VISIT CHAMBER OF A RENT LAW PRACTITIONER IN W.B.
Rajendra K Goyal
(Expert) 29 December 2013
Agree, Contact some local lawyer and show him all the documents to explore the possibilities whether the new provisions are helpful for you in your case.
ajay sethi
(Expert) 29 December 2013
contact Mr burman from LCI . he is from kolkata and can guide you
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
For eviction due process of law to be followed. You may contact a local lawyer who will be able to guide you through.
