Dipa (office executive) 04 July 2011

My tenant left my house by keeping the flat under lock and k

I am staying in Kolkata. I had an agreement with my tenant for 3 years which ended on 1st August,2010. He also gave me a surrender letter on that day but he never left my house after that. I filed an eviction suit on May2011. Thereafter the tenant threatened me by several means and also filed a criminal case. Now the tenant have not filed any affidavit to contest the case. He suddenly yesterday left my house with his belongings keeping my flat under lock and key. He did not gave any rent from August 2010 onwards till April 2011. After that he is depositing the rent At Rent Controller office. What can I do now? Within how many days I will get the possession? Can the tenant by any means transfer this case in High Court as he have got many relations in High Court. Please help.

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4 Replies

Dibakar Ray (Advocate.) 04 July 2011

Hi,

Under the provisions of WB Premises Tenancy Act, 1997 you can evict the tenant on ground of failed to provide the premises after notice and kept the premises under lock and key for 10 months, default of payment of rent apart from other grounds you have mentioned in the eviction suit.

Note that when the tenant has chooses not to contest the suit the suit can be proceeded ex-parte against the tenant after due process.

As regard to High court querry, to the best of my knowledge only relationship with some High Court officials is not suufficient, ONLY TRUTH WITH PREVAIL.

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vetrivelan.s (Consultancy ) 05 July 2011

WHILE I APPRECIATE BROTHER MR. DIBAKAR ROY AND AGREE WITH HIM ABOUT EX-PARTE & only truth alone will Triumph,,, IT`S ALLWAYS BETTER TO BE CAUTIOUS {BY BEING WATCHFUL} SINCE THE WRONG doer’s WITH INFLUENCE WILL TRY TO DO SOMETHING OR OTHER. PREVENTION IS BETTER THAN CURE.