Vacating of Rented Property
Rounak
(Querist) 12 August 2010
This query is : Resolved
My Father has a property rented by his father years ago to the Hardware shop tenant in West Bengal. My Father has the ownership of the property now. The person to whom it was rented to is now deceased and his Family members no longer run the business in the rented area since really long time like 15yrs. The premises is abandoned for several years by them but not continuing to pay rent. They have approached us asking permission of opening a new Garment shop with a new name changing the old shop name and work. In-spite of several request to vacate the property they are holding it up.We have even asked them to make new agreement for the shop and the answer is no and have been asking hell lot of money to vacant it.
Previously no agreement was made my my grandfather and the tenant. We Used to provide them with the RENT RECEIPT and its like more then ten yrs they have not been paying the rent. The shop is under lock and key by them.
what should we do to get them to vacant the area?
Note :- No Agreement was done but the grandfather and the tenant at the time. This place needs to be evicted as soon as possible. Any suggestion to evict them with reference to the current statues and legislation would be greatly appreciated.
Thanks in anticipation of helpful comments.
Rajeev kulshreshtha
(Expert) 12 August 2010
You can file the eviction petition under your state's Rent Law.
Devajyoti Barman
(Expert) 12 August 2010
Your case appears to have good merit.
Having no agreement does not help as issuing rent receipt itself is a proof of tenancy.
After the recent amendments of West Bengal Premises Tenancy Act there are certain factors which help the landlord more to evict the tenants. Where is the property situated? If you send more details further help could be made.
Chanchal Nag Chowdhury
(Expert) 12 August 2010
If the property is in Kolkata, U may file for summary eviction under the provisions of the Presidency Small Causes Court Act.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 August 2010
Irrespective of views of the experts the law is in favour of tanents in all states.
Landlord not giving reciepts is more serious offense than not giving rent since the burden of the proof in on landlord that he has not recieved rent.
Morever what the landlord was doing all these years if no rent was recieved.
If the matter goes to the court the heirs of the deceased tanent has all the rights to continue buisness in any trade.
You can evict only if you can show conclusive proof on non reciept of rent otherwise the tanent can always claim that the landlord is not allowing him to do his normal business for extortion of more rent. So be careful.
Rounak
(Querist) 13 August 2010
Thanks for the Advice...
The Property is in jalpaiguri and the property is situtated in Business Hub of the Town.
Shashikumar Sir:- He is not running the Automobile business but all the materials are in the shop. which was shut for like more then 10 yrs... we never asked them to vacant the land coz they was close relationship with our family. so we never forced them. but now that they have shifted into garment business in different locality.
They have approached us for opening the shop from automobile to garment. Please note that we used to issue them receipt in favour of the Choudhary Automobiles but the name of the Proprietor is not know to us.now that the shop names n business shall be changed to Garment Business from the decedent for the Choudhary Automobiles.(The proprietor is not know to us).
* The receipt is in the name of the shop and there have been receipt signed by the person who used to run the shop.They were four brothers who used to run the shop. The eldest son has been missing since 2003 and after few years they have partition the property among four equal share in which the shop of choudhary automobiles have also been included in the partition.But from some source we have come to know that the third brother is to run the choudhary automobile business. Now the eldest brother son has approached use for opening the shop into the garment shop.
We dont want them to open the shop futher. we want them to vacate and give us peaceful possession of the said shop.
