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Ejectment of tenant in Kolkata how to proceed
21-Feb-2023 (In Landlord/Tenant Law)
I am a landlord in Kolkata. My father (expired) let out two rooms to a tenant. The tenant expired in Sept,2015 at 97 years leaving behind one unmarried daughter 61 years, and 5 married sons. Now 4 married sons used to stay in our own house after shifting from my house. (earlier all of them used to stay in my house in let out two room). The tenant wife expired 15 years back. In my house presently the unmarried daughter and a married son is staying. They sent lawyer letter asking me to issue rent receipt in name of 5 brothers and one sister. I denied this and file suit for eviction as they are not my tenant and their present status are as TRESPASSERS My question what is the chance of getting judgement in my favour. Is hon'ble court will allow to stay them for five years or ask them to vacate as no one is dependent on their father as their father at the age of 97 do not have any income such rent/bank interest/pension. I shall be grateful if you please give your expert opinion.
You have a strong ground in your case if you have served notice for vacating the premises atleast 3 months prior. As tenancy ends with the death of the tenant.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Look. Here the question of Income source of the actual tenant does not arise at all, which you say in your last paragraph. Here the basis criteria before the Ld. H.R.C that, whether the person demand as Tenant is/are actually Tenant or not. Secondly, Whether they continue to pay Rent or not? Whether there is any dues continue 3 months or not? Whether the Landlord issue Notice upon them to vacate the premises immediate after the death of actual tenant or not etc. If the noted above points are clear. The Court will pass his judgment accordingly.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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After the expiry of your father ( Landlord) you have stepped into the shoe of your father as Landlord. You have not mentioned apart from you who are the legal heirs of your deceased father (landlord). After the death of original tenant his legal heirs viz; sons and daughters automatically step into the shoe of their deceased father.You cannot deny their existence as Tenant. You have not cleared how you came to the conclusion that present two who are residing in your house are trespassers. As per Premises Tenancy Act if they are defaulter in paying rents in that event by providing notice you can declare them a Trespasser and file eviction suit after one month of service of legal notice.It is not clear whether you served any legal notice upon the present residing two persons.
In my view if any case filed by you that would be very weak and it would b difficult to get any judgement in your side.
In my view if any case filed by you that would be very weak and it would b difficult to get any judgement in your side.
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Adv. Ashis Chakraborty
Kolkata | 25+ Answers
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