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Tenant eviction case, currently under Kolkata High court
16-Nov-2023 (In Property Law)
We are in a legal case for last 38 years, the court ordered eviction two times in the lower courts and the case is now in Kolkata High court. Just like to know if eviction of tenant is permittedpossible in current date. If not, can the rent be increased as the current rent amount is RS 100 ? Or what can be done to evict tenants. Property is in South Kolkata, West Bengal.
Dear client,
As per the details provided by you my suggestions would be that it is very much confusing that how come two eviction decrees can be given in a single case. If once the decree is given in an eviction case and if appeal is not preferred and if there is no stay from the upper court in the case then the same can be executed by way of execution case and if you want to increase the current rent then you have to issue a section 17 of WPT Act, notice to the tenants keeping in mind that the defaulters ground taken in your eviction suit shall be waived. And moreover it is not easy to give any suggestions in regard to a case pending for last 30 years.
As per the details provided by you my suggestions would be that it is very much confusing that how come two eviction decrees can be given in a single case. If once the decree is given in an eviction case and if appeal is not preferred and if there is no stay from the upper court in the case then the same can be executed by way of execution case and if you want to increase the current rent then you have to issue a section 17 of WPT Act, notice to the tenants keeping in mind that the defaulters ground taken in your eviction suit shall be waived. And moreover it is not easy to give any suggestions in regard to a case pending for last 30 years.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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