Notice under section 106 of the transfer of property act, 1982
Tina
(Querist) 02 April 2012
This query is : Resolved
Dear Sir’s/ Madam
I am a tenant of a commercial premise measuring about 400Sq. Ft. in Kolkata since November 1984 under Company “A”
My Landlord’s changed 3 times from 1984 till 2012 from Company “A”, then Company “B” and then finally Company “C”
I have been receiving my rent bills since January 1999 till now from Company “C’.
I had been paying my rent + municipal tax + commercial surcharge since the start of my tenancy.
My rent was increased 10% by Company “B” once in the year 1989.
In the year 2002 I received a letter from my current landlord Company “C” asking increase in rent 3 times (1+3) of the 1984 rent as per W.B.P.T. Act, 1997.
I disputed the increase being asked and then I send them the old amount of rent by money order which they refused to accept. And I started paying the rent to Rent Control since November 2002.
Rent till November 2004 was paid to Rent Control and from December 2004 we started paying the rent directly to the Company “B” as per their earlier demand (1+3). The arrear from No. 2002 till Nov. 2004 was also paid to them.
My rent was again increased by 5% as per W.B.P.T. Act, 1997, in November 2005, again on November 2008 and then again on November 2011.
After the increase of November 2011 as per W.B.P.T. Act, 1997 my total payment to Company “C” crossed the 10,000/- figure which included Rent + Municipal tax & surcharge + Maintenance + Service tax.
Now in March 2012 I have received a Termination Notice received under section 106 of The Transfer of Property Act, 1982. Giving me 15 days notice from receipt of the letter to vacate the premises and hand over the same to them i.e. Company “C”.
I WOULD ALSO LIKE TO MENTION THAT SINCE 1984 TILL PRESENT I HAVE NOT EVEN ONCE FAILED TO PAY MY RENT ON TIME. EVEN FOR THE PERIOD FOR WHICH THE RENT WAS PAID TO RENT CONTROL THAT TOO WAS PAID IN TIME EVERY MONTH.
SO I NEED ADVICE TO WHAT STEPS SHOULD I TAKE AS THIS PREMISES IS THE ONLY SCOPE FOR ME TO RUN MY FAMILY.
V R SHROFF
(Expert) 02 April 2012
File suit , engage Advocate, They cannot evict you. also ask for standard rent
ajay sethi
(Expert) 02 April 2012
contact a local lawyer . Mr barman from this site is from Kolkata . you will have to move court immediatedly
V R SHROFF
(Expert) 02 April 2012
I Agree, immediately file suit , contact Adv Barman
Adv Barman's Profile::
Myself is chiefly a practising advocate of Calcutta High Court for the last 10 years and more. That apart I also regularly appear before the lower courts and the Apex Court of India in matters pertainins to divorce,alimony and child custody; arbitration matters; consumer disputes; criminal cases and bail; civil litigations; conveyancing to mention a few.
I am the empanelled lawyer of ---Sahara Housing Fina Corporation Ltd. , Kolkata Port Trust , Kolkata Metropolitan Water and Sanitaion Authority , FOSMI etc apart from reputed solicitof firms.
I also run a law firm called ACE LEGAL CONSULTANTS.
Contacts to me can be made for professional services through nos like--0 9062412450,033 24007986 or through e-mail---devajyoti_barman@yahoo.co.in or devajyoti_barman@hotmail.com.
For more details see my website - http://acelegalconsultants.webnode.com//
Adv.R.P.Chugh
(Expert) 02 April 2012
Check up with the local lawyer - I've not studied the WB legislation on this point - but it is fairly possible that by virtue of rent crossing 10k - you may have got outside the protection of the legisltation, yours may not be a protected tenancy any longer, in which case in absence of agreement to contrary it's a lease agreement month to month which can be terminated by 106 notice.
Jai Karan Nagwan
(Expert) 02 April 2012
No you should not go to court. Reply the notice and wait owner will go to the court. This is legal suggestion but ethically you are harassing the owner if he is also not very rich person.
