Eviction of tenant in kolkata

This does not make sense because you are the landlord and he is the tenant. Obviously you want him to vacate your property because he has not been paying the appropriate rent. Are you supposed to serve notice on him so that he leaves your property or do you think he will serve notice upon you to say that he will be leaving by the end of the month? Does this make sense? Any person reading this will know that it does not make sense unless there is something else that he is suing his landlord for. I don't think that he has served you notice that he is vacating the property. Why would he not pay you rent for a certain period and then go to court and make an application in your favour to tell you that he is leaving your property?

@ joharji,
agree with your point and hope queriest clarify it.
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In August 2013, we had rented out a portion of our ground floor on leave and licence basis for 11-month period, with 1-month notice period on either side and monthly rental of Rs 5,500/-. The agreement was notorized but not registered. After the expiry of lease, our tenant continued to occupy our ground floor, with our verbal consent. We didn’t serve him any vacation notice. Meahwhile, we hiked our rent to 6,000 and he agreed to it and also paid for few months. No new agreement was drawn up though.

However,since September, 2015 we have been asking him to vacate possession but till date he hasn’t. Also, since May, 2016 he has completely stopped paying rent citing financial difficulties.

Recently, on 11/08/16, he has served us a vacation notice, which will expire on 31/08/16.

Problem is, I know for sure, he is not going to vacate his possession.

My querries are:

1. Considering that we are in Kolkata, West Bengal, if we start legal proceedings to evict our tenant, should it be under Transfer of Property Act or West Bengal Tenancy Act? If it is under TPA, which section will be under?

2. Considering that he has defaulted in paying rent during the period which is not covered by any agreement can I recover this default? Also, while we are fighting it out in a court, can we legally ensure that he pays regular rent?

3. Since my tenant has already served us notice, do we have to serve any notice to start legal proceedings or can his notice be the starting point of our legal proceedings?

4. When my tenant defaults on his own notice, which he most definitely will, can I sue him for fraud? Can I sue him u/s 406 IPC.

Thanks in advance

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This does not make sense because you are the landlord and he is the tenant. Obviously you want him to vacate your property because he has not been paying the appropriate rent. Are you supposed to serve notice on him so that he leaves your property or do you think he will serve notice upon you to say that he will be leaving by the end of the month? Does this make sense? Any person reading this will know that it does not make sense unless there is something else that he is suing his landlord for. I don't think that he has served you notice that he is vacating the property. Why would he not pay you rent for a certain period and then go to court and make an application in your favour to tell you that he is leaving your property?-
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Our tenant is not suing us.

 

1. Our original agreement had expired long time back

 

2. After expiry he continued to stay

 

3. He then stopped paying rent (since May this year)

 

4. We insisted that he vacates his possession and he gave us in writing that he would do so by the end of this month (this I mentioned as serving notice).

 

3. I know that he is not going to vacate.

 

Hope this clarifies.

is Transfer of Property Act applicable to rented premises ?
till now i am under impression that it relates to ownership of property and not tenancy property.