Eviction of a tenant
MD IRFAN
(Querist) 23 September 2017
This query is : Resolved
Sir/Sirs
I am a landlord of a property in Kolkata, I have some tenants among them one person is very immoral and abusive in nature and is a defaulter of rent from last 10 months i have served him a legal notice for ejection via my advocate but not yet filed a case ....
plz help
Rajendra K Goyal
(Expert) 23 September 2017
File case of evacuation if he does not do so on notice.
Advocate Bhartesh goyal
(Expert) 23 September 2017
You have to file a eviction suit against your tenant on ground of default in making payment of rent and on nuisance.
Advocate M.Bhadra
(Expert) 23 September 2017
Eviction of tenant is lengthy process in West Bengal.You shall be govern by the West Bengal Premises Tenancy Act to evict a tenant. You can file an Ejectment Suit in Civil Court on default and reasonable requirement ground.
SEC.6 WBPT ACT
.—(1) Notwithstanding anything to the contrary
contained in any other law for the time being in force
or in any contract, no order or
decree for the recovery of the possession of any premises sh
all be made
11
[by the Civil
Judge having jurisdiction] in favour of the landlord a
gainst the tenant,
12
[except on a suit
being instituted by such landlord] on one or more of th
e following grounds:—
(a) where the tenant has sublet, assigned or otherw
ise parted with the possession of
whole or any part of the premises without obtaining t
he consent in writing of the landlord
or the tenant has used the premises for a purpose other
than that for which it was let out
without obtaining the consent in writing of the land
lord;
(b)
where the tenant has made default in payment of rent
for three months within a
period of twelve months, or for three rental periods w
ithin a period of three years where
the rent is not payable monthly
where the premises is required by the landlord for
the purpose of building or
rebuilding or for making substantial addition or alter
ation thereto and such building or
rebuilding or substantial addition or alteration can
not be carried out without the premises
being vacated;
13
[(d) where the landlord or any person, for whose ben
efit the premises is held,
reasonably requires the premises for his own occupation and
the landlord or such
person is not in possession of any suitable accommodation
within the same Municipal
Corporation or Municipality or in any other area withi
n ten kilometres from such premises
where this Act extends;]
(e) where the tenant has given notice to quit but has f
ailed to deliver vacant possession
of the premises to the landlord in accordance with such
notice;
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[(f) where the tenant or any person residing in the pr
emises let out to the tenant has
done any act contrary to the provisions of clause (m), cl
ause (o) or clause (p) of section
108 of the Transfer of Property Act, 1882 (4 of 1882)
;]
(g)
where the tenant has been using the premises or any par
t thereof or allowing the
premises or any part thereof to be used for immoral or
illegal purpose;
(h) where the tenant is guilty of any act of waste or
of any negligence or default resulting
in material deterioration of the condition of the p
remises;
(i) where the tenant or any person residing in the pr
emises let out to the tenant has been guilty of conduct which is a nuisance or causes annoyanc
e to the neighbors including
the landlord;
(J)
where the tenant has acquired or constructed, or has bee
n allotted, a house or flat,
provided a moratorium for one year is allowed for vacat
ing the premises;
15
[Explanation.
—This clause shall not apply to premises let out for nonre
sidential
purpose and used for commercial purpose:]
12
(k)
where the landlord is a member of the Armed Forces of
the Union of India and
requires it for occupation of his family and produces a ce
rtificate of the prescribed
authority referred to in section 7 of the Indian Soldi
ers (Litigation) Act, 1925 (4 of 1925),
that he is serving under special conditions within the me
aning of section 3 of that Act or
is posted in a non-family area.
(l) where the tenant, or his spouse, or son, or daught
er, or parent, or the widow of his
predeceased son, who is dependent on him, does not re
side in the premises
16
[ten
months] and keeps the premises under lock and key.
(2) Where a landlord has acquired his interest in the p
remises by transfer, no
17
[suit] for
the recovery of possession of the premises on the ground o
f requirement for building or
rebuilding or addition or alteration or requirement
for own occupation shall be instituted
by the landlord before the expiration of a period of
one year from the date of acquisition
of such interest.
(3) Where the landlord requires the premises on the
ground of building or rebuilding or
addition or alteration or for his own occupation and
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[the Civil Judge] is of the opinion
that such requirement may be substantially satisfied by e
jecting the tenant or a sub-
tenant from a part of the premises and allowing the t
enant or the sub-tenant to continue
in occupation of the rest of the premises, then, if the
tenant or the sub-tenant agrees to
such occupation,
18
[the Civil Judge] shall pass a decree accordingly and fix t
he fix t
he
proportionate rent for the portion remaining in the
occupation of the tenant or the sub-
tenant. The rent so fixed shall be deemed to be the f
air rent for the purposes of this Act.
If the tenant does not agree, but the sub-tenant agre
es, to such occupation, no decree or
order for ejectment shall be passed against the sub-ten
ant who shall become, with effect
from the date of the decree or order, a tenant direct
ly holding under the landlord.
(4) Notwithstanding anything in any other law for the
time being in force, no [suit]
17
for
the recovery of possession of any premises on any of the g
rounds as aforesaid, except
on the ground mentioned in clause (e) of sub-section (1
), shall be instituted by the
landlord unless he has given to the tenant one month's notice expiring with a month of
the tenancy.
Kumar Doab
(Expert) 23 September 2017
Agreeing with Experts.
Local Counsel well versed with such matters can help you the best.
R.K Nanda
(Expert) 24 September 2017
nothing to add more.
MD IRFAN
(Querist) 28 September 2017
any civil advocate regarding the above matter to be solved in the court here ??
from kolkata (Alipore judges court)
MD IRFAN
(Querist) 28 September 2017
any civil advocate regarding the above matter to be solved in the court here ??
from kolkata (Alipore judges court)
