Saptarshi Paul (Advocate) 10 August 2011

Eviction of land

One Landlord (in ASSAM) was allowed one person to look after as a care taker of the land & a house which is under construction, in june 2008. But due to some financial problem the landlord unable to finish the house till today but now after repeated request the so called care taker is not vacating the house. Kindly tell me in such circumstances, what step should I take being as advocate. As the care taker is not a tenant then is it necessary to file eviction suit without giving any notice, or is there any other way to vacate the house?

Regard

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kvss.prabhakar rao (Advocate ) 14 August 2011

Mr Saptarsi Paul,

The specific relief act clearly gives ths answer see Sec 6 of Specific Relief Act. the posession is permissive possession he cane file suit for posession and seek handover the vacent posession of same. But evictiion gives different meaning. the evicition petition filed alone when there is landlord and tenant relationship exist. No notice required to file suit for posession.Please Verify the local laws also.

From "- KV.S.S. PRABHAKAR RAO, ADVOCATE, RAJAHMUNDRY ( A.P )