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Deep Narayan (learning)     05 June 2012

Eviction of tenant

I am from west bengal

We have rented a shop 7 year ago.

The shop was given on agreement of 5 year which was made by notary,now I came to know that agreement made by notary didnot hold legal status.I am unemployed and my father is govt servant and he will retire in few months.

can we never evicts him?

he is telling that he has spread 2 lakh in market and he will not vacate the shop.

what can we do?

plz guide me.



Learning

 4 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     05 June 2012

settle amicably otherwise it will be long court battle.

Deep Narayan (learning)     05 June 2012

I know that sir and he also know the same, we had initiated meetings 3 times will some local influential people but he never agreed. he says that give me some more times and after each such meeting time is increases and thus lapsed 2 years.

Adv. Chandrasekhar (Advocate)     05 June 2012

Rent laws are state specific laws.  First you find out that whether State Rent Act is applicable or Transfer of property Act applicable.  If the latter is applicable, give notice by regd. post immediately to vacate the premises within one month (15 days is the mandatory requirement) and after that file a suit for eviction in the court.  Let the mediation process may go on.  As the five year period is over, you are entitled to ask him to vacate the premises.

1 Like

Adv. Chandrasekhar (Advocate)     05 June 2012

once you file case, he may mediate and give a specific date in the court by which he will vacate the premises.

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