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Anupam Baral (officer)     22 August 2011

Eviction from a rented house

i am a tenant rented a residencial house. we had a written aggreement for a 11 months lease of the residential house. the period of aggreement is from 5th Jun 11 to 4th April 12. there was a clause that the agreement can not be cancelled three monhs before the expiry of the agreement period as a locking period. there was another clause that either party can serve a one month notice to vacate the house. now on 22nd aug 11, barely after 2 and half months, the landlord sent me a email to vacate the house within a month as he is planning to shift to his own house. right nw i am not ready to shift as i will be at outstation for a month from mid of sept to mid of oct and secondly if i had to shift , it will be my seond shifting in a span of 6 month. the last house where i was staying, i hade to vacate because the landlord came to stay in his own house. shifting a house is a big task and a big financial loss too. can i retain the house till the expiry of the agreement period overlooiking the one month notice period. plz advice my legal right as a tanant on this issue and maximum till what time i can stay in the house. secondly , an email - can it be consider as a legal notice??? plz let me know the entire process to avoid the eviction.   



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 3 Replies

Advocate M.Bhadra   22 August 2011

License can be revoked at any time for the own use of landlord ,but you can file a suit for specifc performance of contract or license agreement and you may file a petition under order 39 rule 1 and 2 of C.P.Code for injunction.Legal notice through Email is not valid as because there was no acknowledge receipt.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 August 2011

Get a proper local advocate and file case in court you will get stay.

Anupam Baral (officer)     22 August 2011

thanx for your reply. please let me know if i just neglect his email and wait for a legal notice from him for vacation. if not wrong, the landloard has to make effort to get me out from the rented house. can i have little idea about what could be his course of action if i do not respond to his notice. if he is filing a suit in court, how i will go about it???even if court giving a eviction judgement, normally how long it takes for the judgement??? 


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