west bengal tenancy act
Madhumita Roy
(Querist) 22 April 2016
This query is : Resolved
Long story short:
**The property resides in West Bengal)**
I would be enlightened to hear what this community have to say regarding this matter.
P. Venu
(Expert) 22 April 2016
First of all, get the matter regularised by accepting the rent as per the existing norms and issuing proper receipt.
Madhumita Roy
(Querist) 22 April 2016
Thanks for your input Mr. Venu.
I donot have deep understanding of the law, but from local experience it means I will never be able to evict him if I regularize the matter. Don't I have a better chance without the "Regularization" as he never paid rent on the property.
Devajyoti Barman
(Expert) 23 April 2016
He is a statutory tenant and hence ameable to protection as provided for under West Bengal Tenancy Act,1997.
So only option is to file a suit a suit for eviction on the ground of reasonable requirement.
For that you have to send first an eviction notice giving him one clear month to vacate the premises on expiry of which only you can file such suit.
Madhumita Roy
(Querist) 23 April 2016
Thank you Devajyoti Barman for your valuable input.
Madhumita Roy
(Querist) 30 April 2016
Respected experts,
So there is no other way to resolve the issue but to "REGULARIZE" the matter by accepting pity rent (which will be less than Rs. 100) and issuing receipt?
He never ever paid any rent before, and enjoying the property for free just on the basis of possession. He told us to pay the rent in rent control after we asked him to evacuate/offered him some amount of money. But his demands are way higher.
As far as eviction suite is concerned it will take ~8 years to get an order from lower court.
So what will be the most effective way to resolve the matter. This certainly cannot be done in mutual consent as he is demanding way much. He used the property 8 years for free and now demanding >1 lac on the basis of possession. We can not "REGULARIZE" the matter as in this way he will enjoy a property less than the cost of local municipal tax. We also can not go for legal suite as the process is way too lengthy.
I know I have to take decision, and Above are the options which I have right now. You can guide me to choose the best option among them. Is there any other way this matter can be resolved without much overhead.
Thanks in advance.
Madhumita Roy
(Querist) 02 May 2016
Hello and thanks in advance to the respected experts.
Though I have some questions which I can't find answer from anywhere
1. Under which section of the act/law he becomes statutory tenant? Is it that easy
2.What is meaning of He is a statutory tenant? and what protection one have under the law.
I just want to be well informed before taking any decision. Local lawyers will deceive to have a client and they may not provide proper/effective solution. I hope this voluntary forum will help me.
