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R K (Executive)     26 April 2012

Vacating tenant

We have a property in kolkata which was acquired by our late grandfather before independance it has been encroached  by some 2 or 3  families who claimed to be tenants and who never paid rent but they claim that rent is being deposited in municiple corporation(under what rule we dont know) .The property now belongs to us by virtue of succession and since it is very old and in delapidated condition we want to redevelope the same .The building may collapse anytime but the tenants are not vacating . Please guide how to vacate them we are ready to give a reasonable amount for vacating but they are demanding exorbitant amount and blackmailing us to stall entire redevelopment process. Can you guide us to vacate these tenants. 



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 4 Replies

Anish Thakur 7018812737 (advocate)     27 April 2012

file ejectment suit  and recovery of assests earned from that bulding and also for the recovery of rent .consult lawyer and show him property documents and tell conditions mentioned if any in deed.

R K (Executive)     27 April 2012

Thank you very much for the replies however i feel  the problem needs to be addressed keeping in mind  the provisions of West bengal tenency Act 1956 and new act of 1997 regarding the protection given by the act kidly suggest the specific remedies available and whether the suiit of ejectment will stand at the admission stage  thank you

Anish Thakur 7018812737 (advocate)     27 April 2012

dear ,there is a provision of submission of rent through the commisioner if landlord refused to receive the rent  and after that the concerned commisioner will give that amount to the landlord. you can ask them where they had submitted the rent and can receive from there .

and if they had not submitted the rent you can claim for recovery of rent alonwith the profits gained from the assets by the tenants with interest.

as you said the building is in bad condition and can be collapse anytime ,you can file a suit in civil court alleging that you are the succesors of that property and your tenants are leaving in that building and if anything happen to them due to the bad condition you are not liable for that .

second you can file suit for ejectment also whatever the condition is at present.

the above suggstion is based thinking that various ststaes have all most same rent control acts.


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