Eviction of tanent

SURAJIT GHOSH (Querist) 31 August 2014 This query is : Resolved
The actual tenant get died in July last month. She has one son who stay with her for last 30 years. They have a house within 10 km from the said house.

We are occupying 3 rooms now. We are 8 members in the family. Me, my brother and my parents we are 3 family staying in those 3 rooms. As a landlord my father required one more room for our own use.

In what ground we can go for eviction. Please suggest us.

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Advocate M.Bhadra (Expert) 31 August 2014
As per provision of West Bengal Premises Tenancy Act 1997 definition of Tenant.-----"tenant" means any person by whom or on whose account or behalf the rent of any
premises is or, but for a special contract, would be payable, and includes any person
continuing in possession after termination of his tenancy and, in the event of death of any tenant, also includes, for a period not exceeding five years from the date of death of such tenant or from the date of coming into force of this Act,"

You can send a Legal Notice to the tenant for calling him to quit and vacate the rented room,if the tenant would not comply then file a Suit for Eviction of Tenant under sec.6 West Bengal Premises Tenancy Act 1997 in Civil Court on reasonable requirement ground.

West Bengal Premises Tenancy Act 1997
sec.6(d) where the landlord or any person, for whose benefit the premises is held,
reasonably requires the premises for his own occupation and the landlord or such
person is not in possession of any suitable accommodation within the same Municipal
Corporation or Municipality or in any other area within ten kilometers from such premises where this Act extends;]

ajay sethi (Expert) 31 August 2014
file suit for eviction on grounds that you require the premises for own personal use and that tenant has alternative accommodation

V R SHROFF (Expert) 31 August 2014
AGREES WITH ABOVE EXPERTS.

If you prove that son owns a suitable alternate accommodation, you will win the case. / Otherwise settle c compromise..