Prity kana mondal (service) 09 March 2012

Property occupied by tenants

In the year 1998, after the death of my husband, I purchased an one stored building consisting of 2 bed rooms, bathroom, kitchen and verandah in an area of Dum Dum P.S. Near Kolkata. As I am staying 50 kms away from Kolkata and not in a position to leave my family that means old mother in law and sister in law, I gave a tenancy under lease and license for 11month from January 2001 to December 2002. After that no renewals was made and no amount has been received by me. I told several times to leave my house. Three years back they told me that would leave my house after their daughter’s marriage. Daughter’s marriage is over within two years. Last year my son got married and posted in outside of Bengal. Now he is transferred to Kolkata and staying here and there. While he was outside I repetitively told them to leave my house. Yet the person is not leaving the possession.

Now the following requests are arise:

1) Who (Advocate) can return back my home?

2) May I not be able to get my house back?

3) What will be the cost of packages for returning back?

4) What is to be done by me?

Reply Follow

3 Replies

Alok Tholiya (self employed) 10 March 2012

Since it is difficult to approach courts by commonman as :
courts do not give justice in time
Even after paying fees you have to chase Advocates like slave , bribe for several purposes cousrt staff ( like for obtaining order copy or for beliff))
everyone is already over occupied with own pressing family issues and business difficulties
courts are illequpped so u dont get sms for dates, adjournments , u cant file documents on line etc so u have not approched court in time.

but since engaging mafia is illegal u hv to engage an advocate ( try for known and reliable ) and file case at the earliest.

RAKESH PIPRODIA (ADVOCATE) 11 March 2012

I do not agree with Mr. Alok Tholiya. Let me let you that all advocates are not the same. If advocates are charging their justifiable fees they are worth it, as advocates fees are the only source of livelihood. They do not get any salary or other benefits.

As far as the query is concerned, Ms. Prity your question was sort of incomplete, you have not mentioned anywhere that your rent agrement was registered or not?. Anyways, you file a compliant in the local police station and take help of police department. If in case nothing works out , you send a eviction order to the present tenant, through a civil court stating you require the said premises for your personal use.

Kishor Mehta (CEO) 11 March 2012

Madam,

According to the latest amendments to the West Bengal Rent Act, the tenant has to come to a settlement with the landlord if he wants to retain the tenancy.

You have the right to evict the tenant, and it is advised that you follow a legal procedure however lengthy that may be. You may appoint a reliable advocate.

Kishor Mehta