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Jayanta Bandyopadhyay   03 May 2024

Eviction from rented room for business purpose

Father took one room at Howrah for doing business 70 years back . No written agreement except monthly payment slip. Father expired. Mother runs business but Stays with son's. 

Landlord sold entire house to a Promoter. Who has filed eviction suit. Can mother continue to occupy that room. Besides civil suit. Matter is also at rent control 

 

Kindly advise

 



Learning

 7 Replies

P. Venu (Advocate)     03 May 2024

What is the cause of action, grounds urged as well the reliefs sought in the civil suit as well the case before the rent controller?

Jayanta Bandyopadhyay   03 May 2024

They want to promote Flats and simply mention that they did not have any agreement with widow now. Her husband passed away .so no right to occupy.

Widow is depositing rent at Rent controller, as Landlord refuse to take postal money order.

Please guide

T. Kalaiselvan, Advocate (Advocate)     03 May 2024

Since the matter is pending before the rent controller court, what is the opinion do you expect from this forum.

It depends on the outcome of the pending case before rent controller court. 

Jayanta Bandyopadhyay   03 May 2024

Besides Rent Control Court, Landlord also approached Civil Court for eviction. Parallely,  exploring trespass litigation against us. Spending huge amount but possibly our lawyer  is purchased. Other tenants already lost and moved out.

T. Kalaiselvan, Advocate (Advocate)     03 May 2024

If you suspect the integrity of your lawyer then you can change the lawyer. 

You have to challenge the civil suit on the basis of legal heirs of the deceased tenant. 

The continuous rental receipt before the initiation of the legal cases would be a point of advantage to support your pleadings and case 

Dr. J C Vashista (Advocate )     04 May 2024

Originally posted by : Jayanta Bandyopadhyay

Besides Rent Control Court, Landlord also approached Civil Court for eviction. Parallely,  exploring trespass litigation against us. Spending huge amount but possibly our lawyer  is purchased. Other tenants already lost and moved out.

Same case cannot be filed before two different forums / courts ( before Rent Controller as well as Civil Court simulatanously) for same cause of action.

Contact and consult your lawyer for proper appreciation of facts, necessary proceeding and professional advise.

P. Venu (Advocate)     04 May 2024

Mother can get free legal aid from the local Legal Service Authority and acounsel to represent and contest her case.


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