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Sanchay Maity (Industrial Trainee)     03 January 2010

it is my desperate plea.

i do not know which section this should go but i need urgent help from any of you guys and preferably legal practioners.

The ground floor of my house was let out on rent to a couple for their stay. initially it was for a period of 11 months which ended on sept 2009. Later on they furthured the date and asked for an extension till nov. November came and went by. December too came and went by. They are refusing to budge.

We want to make them go. What do we do ? We did not have any contract with them. I know this is a negative point for us but what is done is done. What is the way out ?

A few days back we also came to know one other thing. Although the house was taken on rent by this guy but he never stayed here. Neither did his wife. The person who stayed here was his father all alone. But interestingly we came to know a few days back that this person who is staying here is not actually his father . he is just someone who is impersonating to be his father.

So can we build up any case on those grounds too ? be it illegal sub-letting or fraud etc? please guys. Help is urgent. Understand the gravity of the situation.



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 9 Replies

K.C.Suresh (Advocate)     03 January 2010

We understood the gravity. But you have to be very patient becuase the first thing yu have to do is confine him on a corner with one defense stand. For that use your power and move with police or any authority file a complaint. then he will come with his claim. let us see the calim first then we will proceed.

Arvind Singh Chauhan (advocate)     03 January 2010

Inform The police about the suspected person staying in your house. If you have his address send a notice to leave the house.

Kiran Kumar (Lawyer)     03 January 2010

apart from all legal advices, the best solution is throw him out...i think suffice i ve said for a prudent person.

Sanchay Maity (Industrial Trainee)     03 January 2010

but my father is apprehensive about that move. he says that all the Indian Tenancy laws are against the landlord. SO if we do throw him out then there is a possibility that he may go and complain it to the police. Then the entire situation will boomerang on us.

i also need to say it to you that we did not exchange any receipts when he used to pay the rent. which in itself was erratic.

Prodyut Banerjee (Advocate (Corporate Lawyer))     03 January 2010

Dear Sanchay,

If you are from West Bengal, you are absolutely right. The tenancy law in WB is totally biased in favour of the tenants. You can virtually do nothing. The land lords are treated here as criminal ( as if by giving part of your house you have commited a crime). However in other states the laws are different and provide a balanced right of both tenents and land lords. So please be very cautious while going against your tenent  if you are in WB

sunil pagare (lawyer)     03 January 2010

Once u admitted his passession it is very difficult to vacate ur house.As u said there is no written document & the couple is not residing there take the help of Police to vacate ur house this is the only solution.Othe legal method will take much time & money.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     03 January 2010

I agree with kiran kumar, but here you be strong enough to face the challanges of the out come is something goes wrong. Because such type of persons would equally give a tough fight. Also better try to convince the police,and the also the elderly persons of the area and settle the matter amicably using certain tricks such make them belive by some or the opther way and first try to push them out.

V. VASUDEVAN (LEGAL COUNSEL)     03 January 2010

 Taking up the matter with the police and pursuing with the higher officials could be the best option. your complaint may cover illegal occupation by a third person, fraud, misrepresentation and other relevant criminal provisions

Sanchay Maity (Industrial Trainee)     04 January 2010

my father was talking to his lawyer yesterday and then he made a point that since there is no agreement between us so he cannot be treated as my tenant. Rather his status is that of a licencee (hope i spelled it correctly). And in that case it is more convenient to get rid of him since he cannot seek protection under the Tenancy Law. As per what pur lawyer said that the moment the licensor withdraws his permission to the licencee for use of premises then after the required days(that is to say some days granted purely on humanitarian grounds) he has to vacate those premises. 

Please guide me on the above statement.

Furthurmore the guy has a past record of these kinds of fraud and cheating. Will that be of any use to me ?


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