soumen 13 December 2016
My father given one floor of our house to a tenat with a valid Rent Agreement. Now after the agreement expire this month we asked the tenant to vacate the floor. But he is refusing to vacate it, though it's written in the agreement that after agreement expire he has to vacate it.
My father is an ex-service man retired 20 years back from Indian Army. My question is as he is an ex-serviceman, so is he eligible for filling a "Recovery of immediate possession" based on W. B Tenancy Act?
Ms.Usha Kapoor (CEO) 13 December 2016
File asuit under West Bengal Tenancy Act for evixtion of tenant on the ground of bonafide requirement citing also his defence service rule. Your problem the learned rent dcontroller will solve. Ifyou appreciate this answer please give me all my profilelikes.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 December 2016
The landlords' plea has to be "reasonable" and mere need of space for married children would not suffice, the landlords' submission would not be considered if they have an alternative accommodation within 10 km.
Eviction would be permitted if the tenant was found not living in the rented place for 10 months in a year. Rents deposited with the controller's office can be withdrawn at any time. Present rents would be increased substantially and five per cent rise will be allowed every three years. According to the Bill, the increase will be five times for commercial tenants holding business for 20 years in a building built in 1984 or earlier. It will be three times if the period of occupation is 10 years or more.
Md Javed Rangrej 17 March 2020
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