Landlord-tenant
Querist :
Anonymous
(Querist) 19 October 2011
This query is : Resolved
In eviction case based on my bonafide necessity of son of land lord ,I as landlord won the case in ADJ court,however ,as per judgement ,Icould not prove the availability of alternate accomodation with tenant for want of adequate substantiation,though wife of tenant had a flat,and one son had a house.DURING APPEAL BY TENANT IN HIGHCOURT BY TENANT ,TENANT DIED,THEREAFTER HIS WIFE DIED. NOW L.R'S ARE CONTESTING THE CASE.MEANWHILE ONE OF L.R'S SON SOLD THE FLAT IN THE NAME OF HER MOTHER,SAID TO HAVE BEEN WILLED TO THIS SON. MAY I BESIEGE YOUR OPINION THAT IS IT NECESSARY FOR LANDLORD TO PROVIDE ACCOMODATION TO L.R'S,EVEN AFTER THE DEATH OF TENANT AND SPOUSE. IS THE EVIDENCE OF SALE OF FLAT IN THE NAME OF WIFE OF TENANT NOT SUFFICIENT PROOF FOR AVAILABILTY OF ALTERNATE ACCOMODATION. 2 CAN THE BONAFIDE NECESSITY AT THE TIME OF FILING OF SUITABLE ,ACCEPTED BY COURT BE NULLIFIED IF MY SON IS EMPLOYED OUTSIDE COUNTRY.? UPDATED POSITION /RULINGS BE APPRISED.
Devajyoti Barman
(Expert) 19 October 2011
What is the status of the case? The tenant can not sell the tenanted property. Even if he has done so the buyer would be bound by the outcome of the eviction suit.
1. Yes it is sufficient for alternative accommodation if you could prove that the flat was first inherited by the son of the tenant.
2.No
H. S. Thukral
(Expert) 19 October 2011
I dont find any provision in any state laws where the landlord has to prove that tenant has alternate accommodation available with him. it is upon tenant rather to show that the need of the landlord is not bonafide and he has alternate suitable accommodation with him to meet his needs. Would you clarify in which state you are located. ?
Devajyoti Barman
(Expert) 19 October 2011
Under the provision of West Bengal Premises Tenancy Act if the landlord prove that the tenant has an alternative accommodation, he can easily get decree of eviction.
prabhakar singh
(Expert) 20 October 2011
Both the experts are right.
Mr.Harbhajan Singh Thukral ,Mr. Devajyoti Barman is right.Bengal has very unique law in this regard.you are also right as in your nearby states there is no such law.
