Eviction of tanent in west bengal

Nabakumar dey (Querist) 06 September 2016 This query is : Resolved
I am the owner of rented property[shop] in kolkata. Rent of the property is 300. My tanent died in 2012 after that his elder son came to me and told me to change the tanency in favour of him. I told him to give me noc from his brother and sister. Since then he hasn't been eble to provide any noc. He is paying rent in cash but i did not issue any rent recipt. Now my queary is that can i evit him from my property?

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Nabakumar dey (Querist) 06 September 2016
Please peovide me your expert advice

Ms.Usha Kapoor (Expert) 06 September 2016
Dear Client,

Unless, for your bonafide requirement or renovation of the building or nonpayment of rent in arrears you can't evict the tenant heir. under West Bengal premises of Tenancy Act besides landlords Tenants are also protected under the act against false eviction proceedings by the landlord.

Rajendra K Goyal (Expert) 06 September 2016
Legally you can proceed.

Raj Kumar Makkad (Expert) 06 September 2016
Yes is the sole answer to your query, however, the grounds should be wisely framed so as to get success in the litigation.

Dr J C Vashista (Expert) 08 September 2016
The tenant is unauthorised (before acceptance of rent) and could have been evicted.
Consult a local lawyer for issuance of legal notice to vacate the demised premises, if you are really serious to get the tenant evict, which I find, it is not the truth.

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