Evection of Tenant
Querist :
Anonymous
(Querist) 09 February 2016
This query is : Resolved
Dear Sir,
I am owner of a 60 year old house. I own two storied house, my tenant lives in upper floor and i am a resident of west bengal.
Sir i made many futile attempt to evict my tenant but nothing proved fruitful. I filed a suite for eviction in the year 1996 in lower court but the judgement was against us so I appealed in the high court, and case was revered to lower court and gave a verdict that they will send a person to inspect and based on his information further judgement would be done. But my tenant bribed that particular person, and lower court made tenant pay their rent through rent control act. And after that i lost all hope and i didn't followup the case any more as there was a huge financial constraint on my side.
The present scenario is that house is totally damaged, earlier the whole family use stay but now they have left only one family member behind occupying three rooms kitchen hall. And the whom i gave admission as tenant has died more that give years ago. And I am a government employee set to retire next year in jan.
Please help me with your valuable suggestion and i will be highly obliged
rajagopal.s
(Expert) 11 February 2016
Since your building is on the verge of collapse, ask for a structural engineer from municipality to assess the structural stability of the building and based on the structural stability, file a civil eviction suit on the grounds of structural instability against the tenant's legal heirs. When there is structural instability, the courts normally as tenants to vacate. Also since you are retiring you can seek the property for your own use and this is also good ground for reclaiming your property.
