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DEBASIS BARMAN   28 March 2020

Eviction of tenant

My tenant is staying in my flat at Garia, Kolkata since 2017. She initially paid rent within 15th of every month for 2 year. Since last one year she is always lacking 2 month rent or paying in part. Presently she has not paid February, March rent and switched off her mobile since last one month. I tried to contact her relatives but they are also not traceable. Today I served a notice to vacate the property within 2 month but one of her brother wrote that they will stay till contract ends. I am sure they will not pay rent from February till November when contract ends. I have made a notorised rent agreement for 11 months. As I stay in Delhi I am not able to make a face to face discussion. Thanks Debasis Barman


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 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     28 March 2020

Dear querist,

You can proceed legally and you have to file eviction suit in civil court. 

Regards,

 

P. Venu (Advocate)     28 March 2020

You need to initiate legal proceedings to get a decree for eviction.

T. Kalaiselvan, Advocate (Advocate)     28 March 2020

Default in rental payment is a good ground for eviction of the tenant from the rented premises.

You can file an eviction suit to evict him 

Contact a local advocate and take necessary steps to file the suggested eviction suit.

 

Dr J C Vashista (Advocate)     29 March 2020

There is "no" evidentary value of the notarised rent agreement which is not in vogue i.e., already expired after 11 months in the year 2018, so no point in discussing the document of rent agreement. 

Dr J C Vashista (Advocate)     29 March 2020

You have already stated to have issued legal notice for eviction (under the provisions of WB Rent Control Act or Transfer of Property Act has not been disclosed by you), wait for its response and file eviction petition through your lawyer in Kolkata Rent Controller's Court or Civil Judge as the case may be. 

Dr J C Vashista (Advocate)     29 March 2020

Besides eviction whether you have claimed "outstanding" rent or not can be ascertained from the notice already stated to have been issued by you.

Consult your lawyer or another local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding, if you have lost faith in your lawyer without waiting for an obligation of experts on this platform, although it is available FREE OF COST..

Dr J C Vashista (Advocate)     29 March 2020

If you feel so, you may contact me with relevant records, on prior appointment, at Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com or visit vakil-saab.com


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