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Queries Participated

Kaushik Nandy   14 September 2018 at 12:01

Tenancy vs encrochment

One of my tenant is occupying tow rooms at my residential building and being used for dwelling purpose but Monthly rent bill i issued for one room as it is being issued by earlier landlord from whom I had purchased the building in 2010 and residing in the building since then. at this stage Can i suit civil case against the tenant/ his son( who is staying in another room) for encroachment of one room and get eviction order if so then what is the process.

Kaushik Nandy   15 July 2017 at 01:37

Fair rent case

Sir, I am owning one residential property in kolkata , which was purchased in 2010 wherein two rooms are rented out and tenants are old tenant staying in the room since last 35 years or so and paying a monthly rent of Rs. 26/- per month to me ( since inception of my tenure, rent are paid to me and Rent bill duly signed by them as tenant ) wherein the present rent as per municipal corporation valuation is Rs. 8500/- per month. at this juncture if I file fair rent case to Rent controller kolkata , will it be beneficial to me because as per West Bengal Premises Tenancy act '1997 ( prevailing act of said jurisdiction ) , there is capping in the increment of rent hike which is 4 times of ongoing rent so at most Rs. 104/- would be the rent. Kindly advice.

Kaushik Nandy   13 October 2015 at 10:09

Hacking of ip address.

I had received one summon from one cyber crime police station and attended the call yesterday, they showed me someone ( not known to me at all) lodged one complaint for facebook hacking/cracking and posting objectionable content in his facebook profile and after investigation with facebook and wishnet ( IS provider of my locality) they come to now it has been done from my IP address.NOw I use internet thru a Wi-fi router which is connected with a broad band connection and I was not available in my home on the said date, in that case is there any change that my IP was hacked by some other person to do this unauthorized access by means of wifi connection hacking / Broadband connection hacking, as police is threating me to lodge case and armrest me, Pl suggest what protection should i take now.

Kaushik Nandy   20 June 2014 at 17:19

Protecting property

One of my tenant who had taken one shop room against monthly rent at ground floor of my residential house ( vide one Notary rent agreement with my earlier house owner in the year of 2008) and the shop room in having approximate area of 120 sqft. Later on I purchased the house from earlier house owner along with tenanted part. Recently ( March’2014) I found that part of the shop room is as one garage in urgently needed for my own use hence I filed ejectment suit at Presidency small causes court at kolkata.
As per said notary agreement the person is not having any right/provision for Toilet/latrine/ water closet/ Privy etc. But now he has threaten me to occupy my ground floor Toilet/ Latrine and water closet by force and by means of bribing to local police station as he is a bona fide tenant ( having rent receipt till Dec’13 and thereafter depositing rent at Presidency S.C.C. court since March’2014 ) and accessing Toilet and water closet is his basis right. Needless to say that till date he has got no access/ right/ provision for Latrine / Toilet/ water closet. Since Notary agreement has got little impact kindly advice me how can i protect my property by means of legal proactive measure so that he cannot forcefully occupy and put a lock and key in my Ground floor Toilet/ Latrine/ Water Closet.

Kaushik Nandy   02 June 2014 at 15:22

Defamation suit

Sir, One my tenant had lodged one complaint to local police station that one glow sign board of his shop room has been damaged and stolen, based on his complaint police came to my residence for field investigation on the very day of my marriage reception while the fact is local municipality has removed , destroyed and took off the GSB after lodging diary at police station vide lodging proper GD( I obtained those information i.e. certified copy of the GD ,through RTI, at this juncture would it be worthy to file defamation suit against my tenant since stamp to be provided @ 0.5% of claim amount , is there good merit to win the case.

Kaushik Nandy   28 April 2014 at 13:30

H.c. order

One of my property was rented out to Tenant and because if my own reasonable requirement I fought with the tenant in the court of law( initially at presidency small causes court ,kolkata and then City Civil court and Calcutta High court since 1991, In 2000 won the ejection suit at S.C.C court but tenant moved to City civil court and then set aside the decision of S.C.C court in 2005 , subsequently moved to H.C of Calcutta and won the case in 2007 since then Tenant is playing it through legal janglers and lingering the dates / either not appearing in the court or showing medical certificate and seeking vacation for 6 months or / during belif service case in being handled by his relatives and thus execution file is on since 2007. At this juncture , Can i file one petition in H.C. asking monthly rent since 2007 at the rate of prevailing market rate on sq ft basis till the time execution decree comes for police help. Pl note that Initial Ejection suit started in 1991 as per premises Tenancy Act 1956.

Kaushik Nandy   10 April 2014 at 16:24

Service tax

One of my neighbour is doing gold tonching(trade name) business which is testing of gold ornament sample to assertain karat scale by using computerized heavy machine ( machine price 12 lacs ) and his turnover is approx. 15 lakhs per annum, although as per pratice gold jewellery is considered under micro and small scale industry but this business should come under inspection and testing service simce computerized testing report comes out.....but the his business is not registered under service tax cat.how it is possiable????