construction

sameer (Querist) 26 June 2010 This query is : Resolved
i have a godown on rent in kolkata from last 20years.the owner now wants to construct a house on it.
is it possible to stop him from constructing the house?
if not then can i appeal in court to give me some time to get a new godown?
please advice what i can do to restrict the owner from constuction.
thanks

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Devajyoti Barman (Expert) 26 June 2010
The landlord if need the tenanted property for the purpose of construction and reconstruction then he will have to relocate the tenant for such time and after the completion of construction he again will have to be provided with the previous possession.\
For restraining the construction further details are required.

B K Raghavendra Rao (Expert) 27 June 2010
You cannot stop the owner from construction. However, the owner needs to get you vacated by operation of law before he starts construction. For this the steps involved in it are: First he has to issue you a legal notice, await your reply, if replied or not replied within the time stipulated by him, he has to file a civil case against you for eviction. You need to enter appearance and contest the case with all possible reasons for not vacating the building. For sure you will not win. But, the process mentioned above would take at least one to two years.

In the mean time you may locate to a new premises.

adv. rajeev ( rajoo ) (Expert) 27 June 2010
Owner can whatever he want, it is his property he can construct the house. Now the law is in favor of the land lords, so you cannot prevent from constructing the house, at most you can file a suit for injunction as not to evict illegally