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Kaushik Nandy (manager)     29 July 2011

Rent control case kolkata

I am a professional and working in private organization since last eight years, my dad used to own a rented shop room in the Kolkata Municipality area the right of procession of that shop room  he got by the succession  from his mother in the year of 1978 vide a will duly witnessed by all other relatives and the same in probated in newspaper publication, my father is missing as he went missing on 11th Jan 1998 and we have had all the legal papers substantiating his missing  like local P S diary no., electronic  media announcement application endorsed by DCDD of Kolkata police etc.  Presently my mother is operating one bhujia seller shop in that tenanted shop room and continuing to pay monthly rent of that shop room in rent control as we used to deposit the rent in rent control since 1979 while our landlord denied to  transfer  the name of the tenant in rent bill after passing away  of my grandmother in 1979.Pl note that our old landlord i.e. recorded landlord has sold out the property to a new party in the year of  2005 who neither has sent letter of atorment nor sent any letter of takeover to us hence w are depositing the rent to rent control in the name of earlier landlord. Also to appraise that our earlier rent bill was in the name of our shop i.e. M/s XXXXXXXX    ------ C/o/ Grandmothers name and address of the shop room. Now having been advised by my mom I am (sole child of my parents ) wanting to deposit the rent in my name i.e. M/s XXXXX    -- C/o my name and address of shop. in the rent control. Kindly help.



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 2 Replies

jeetendra patel (lawyer)     29 July 2011

you can file an application in the court  for declaration that your father is civily dead ,if he is missing and anybody have not heard anything about him from last seven years (from date of missing).you can further proceed on the verge of this declaration  from court.  for all succession purposes including inheritance of the tenancy rights. all the best.

J.P.PATEL, ADVOCATE PUNE  (9921158871)

1 Like

SANAT KUMAR DUTTA (OWNER)     28 August 2013

I have a tenant at my premises  lived since 1979. The  tenancy was started 1.9.1979 by my father for one short hight single room for Rs.100/ only monthly rent basis. The tenant not increase the rent as per normally because the clause of rent increase not mentioned in the agreement. After many argument the tenant increase the rent only Rs. 10/ and there after Rs.20/- 30/- every five years (not fixed). Now the tenant pay to me rent Rs. 300/- only per month. In the mean time my father was expired on 08.06.2010. This rent is continue running up to June 2013. My tenant head of the family was expired on 27.6.2013. In the agreement wise my father issued the rent bill his name but when he expired then I not issue the same. I told his family that I have require the room a long years ago. Because presently I live a rented room another area. I am a simple man and working at a small unit. My rent is very high and as per agreement it is higher to higher this is impossible for me to track the rent. My mother is 60 years old and she lived in the premises on the 2nd floor alone. Doctor said Mother is very high pressure and do not upstair and downstair. So I told to my tenant my mother is a serious condition plus I have require the room for staying with my family. But the tenant is still and do not any steps. In the circumstances I issue a legal notice by my law year on August 2013 for clause of 'REQUIREMENT OF ROOM". The rent is not given to direct from july 2013 alongwith current consumption charges. I said current consumption charges is continue pay to me that the CESC bill paid to every month. But the tenant no heard any word. They said they are deposit amount to Rent control. Now my question is how it is possible to deposit rent with current consumption charges to rent control. Rent is one part and current consumption charges is another part. My father issued the rent receipt Rs. 300/- only rent for the month of i.e. month and back side of the receipt electric consumption charges as per point wise Rs. 450/- only. This is clearly mentioned the receipt how is rent and how electric consumption charges.


In this situation  I request  you to kindly let me know how many amount presently they are deposit to the rent control and how to process its withdrawl because CESC bill is due from July  2013. After six months  CESC cut the power and meter band if I not pay their dues.  So therefore my heartiest request please suggest to me and how recover the case. KINDLY HELP.


SANAT KUMAR DUTTA

28.8.2013


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