Tenancy problem in kolkata
Satyajit Dey
(Querist) 20 July 2014
This query is : Resolved
I am a resident of Kolkata, West Bengal.
In 1966, we gave CGHS (Central Government Health Scheme) a portion of the ground floor (1359 sqft) on rent @1425 p.m. (Rs.1.05/sqft)for opening a dispensary for two years with a provision of renewing another 2 years.
CGHS took possession and was about to send a tenancy agreement within one month, terms and conditions of which was verbally decided. After we got that agreement we found that they have modified every terms and conditions and therefore we refused to sign that.
We requested them million times to either modify the terms or quit the place but they did not do anything.
In 1970 the agreement (which we never signed) was supposed to be over but they did not vacate the place either.
Almost 50 years have passed by and till today they are staying as our tenant without increasing a single penny and without any agreement whatsoever.
We have stopped receiving rent for last 6 months. My question is
CAN A GOVERNMENT BODY STAY AS A TENANT FOREVER WITHOUT EVEN HAVING AN AGREEMENT? WE WANT THEM TO QUIT HOW SHOULD WE PROCEED?
Please help.
Satyajit Dey
09804673148
P. Venu
(Expert) 20 July 2014
A Central Government body is bound to pay the rent at market rate, as assessed by the CPWD, to the owner.
You can approach the civil court.
prabhakar singh
(Expert) 20 July 2014
FIRST LOOK TOWARDS YOUR INACTION.50 YEARS?
WHEN A PERSON OCCUPIES YOUR PREMISES AND PAYS YOU RENT,HE IS YOUR TENANT.YOU HAVE BEEN ACCEPTING RENT.
YOU NEED TO CONFIRM FROM A LOCAL LAWYER IF RENT CONTROL ACT OF WEST BENGAL PROVIDES PROTECTION TO A GOVERNMENT BODY OR NOT?
ajay sethi
(Expert) 20 July 2014
file suit for eviction
Satyajit Dey
(Querist) 20 July 2014
Sir we took every possible step in last 50 years. Send them million letters, went to local authorities, mailed the health ministry but all we got was false promises that it will be solved in few months. I also filed a suit in high court which recently got dismissed as I could not follow up for some family problems.
Please tell me what to do now.
prabhakar singh
(Expert) 20 July 2014
SEE SOME ONE LOCALLY TO KNOW WHAT TO DO WITH COPY OF WRIT PETITION.
Satyajit Dey
(Querist) 20 July 2014
Sir can you please tell me will CGHS tenancy be governed by the West Bengal tenancy act or any central law?
Can they stay forever as tenant without having an agreement??
Devajyoti Barman
(Expert) 20 July 2014
Since the rent is under the slab of Rs.6500/-, it comes under WBPT Act.
File a suit for eviction asap.
P. Venu
(Expert) 20 July 2014
Mr.Barman is from Kolkata. He would be able to help you.
K.K.Ganguly
(Expert) 20 July 2014
The remedy before you lies in filing an eviction suit.
Rajendra K Goyal
(Expert) 20 July 2014
Expert Devajyoti Barman is from Kolkata, consult him and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 20 July 2014
The provisions of of WBPT Act for fixation of fair rent is given in section 17(3) which is reproduced below:
Where a tenancy subsists for twenty years or more in respect of the premises constructed in or before the year 1984, the fair rent shall be determined by adding to the rent as on 1.7.1976 not more than three times, and then deducting the increase, if any, in the manner provided in Schedule II, or by accepting the existing rent if such rent is more than the increased rent determined according to that Schedule.
You may file a petition for fixation of fair rent as per the provisions of the act.
Biswanath Roy
(Expert) 21 July 2014
File an application before the rent controller at Calcutta for fixation of fair rent if you are agreeable to accept CGHS as Tenant but if you want to evict CGHS in that event you shall have to move a Writ of Mandamus under Article 226 of the Constitution of India for getting relief.
