Eviction of tenant

Querist : Anonymous (Querist) 02 December 2011 This query is : Resolved
I am one of the heirs of a building which is yet to partioned and mutated.One of the shops of the ground floor of the same is under the occupation of the son of the original tenant who died in 2007 and who has been a defaulter ever since.It may be noted that he is the eldest of three sons of the late tenant and there are a few other heirs are not gainfully employed have genuine needs to have the room unlawfully occupied by the present occupant.What are the legal remedies under WB Tenancy Act?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 02 December 2011
Unless owners are defined who will initiate legal action.

V R SHROFF (Expert) 02 December 2011
Agreed with JSDN
U R Only heir of undivided property.
U Shd appoint Court Receiver who may do needful.

I.S.Roy,Advocate (Expert) 02 December 2011
Dear Sir,
If you able to show evidently such default to the honorable court . Then , it is very good ground to evict the tenet through court . For detailed advice contact me through my email isroyjury@yahoo.co.in

with regards
I.S.Roy, Advocate

M/s. Y-not legal services (Expert) 02 December 2011
the concern owner can issue the legal notice to the tenant's son/current occupayer.. and proceed as per law..

Raj Kumar Makkad (Expert) 02 December 2011
I think, the experts are trying to reply the query without having knowledge of the status of the querist in the given facts. I am unable to understand whether he is landlord or one of the legal heirs of the deceased tenant deprived off to use the shop or defaulter tenant.

Unless the querist provides his identification, nothing concrete can be opined.

Devajyoti Barman (Expert) 03 December 2011
Give some more details.

prabhakar singh (Expert) 03 December 2011
Clarify your query in detail,please!

Querist : Anonymous (Querist) 04 December 2011
My sincere thanks to all members for their well-informed opinion.As to the question of my status I have fairly indicated in broad terms that I am one of heirs of the said property.And as far as my humble knowledge goes the WB tenancy Act,my legal status is recognised which also enables me to intiate legal action.What I would like to know if it is necessary to obtain the consent of all others or more precisely if a suit in my name is maintainable.Please refer to the section 2(c) elaborating on the term 'landlord' of the said Act.I would also like to know if I can lodge an application to the local Municipal authorities for cancellation of the trade licence which used to be issued in the name of the original tenant (his late father) since he did not not pay any rent or was issued with any since his father's demise in 2007.

My special thanks to Mr.Roy and I would contact,if need be.

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