Possession of house from contractor

Querist : Anonymous (Querist) 19 December 2010 This query is : Resolved
I purchased one piece of land in Kolkata, India three years back. Around one and half years back, I appointed one contractor for constructing a house on that land. Though he was supposed to handover the completed house within one year, but he failed to do so in one and half year. My question is:

1. Can we take possession of house without contractor's consent?
2. If we do so, will it be treated as illegal, and can he evict us with legal help?

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Devajyoti Barman (Expert) 19 December 2010
I believe that contract is not in the nature of Joint Development Contyract, a popular form of contract in Kolkata. If no then,

1. You can anytime take possession of the house even without the notice of the contractor as the Contractor is your agent only and his nature of job was not related to share of profit.
.No he can not do such thing specially if he is only supposed to receive remuneration after the completion of job.