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Author Topic: what to do Tenant not vacating my flat nor paying rent kindly help  (Read 4479 times)

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Offline Ajay.Singh

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I am a retired army officer. In 2004, I had let out my flat on leave and licence basis for 11 months. This was renewed for two more terms up to 2008. Then I asked the licencee to vacate my premises. He has not done so yet and has not paid the rent either. The rent was more than the limit set by The West Bengal Premises Tenancy Act. How can I get my flat back and recover the dues? Is there any specific legal provision for armed forces personnel?

Offline advamrita

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Re: what to do Tenant not vacating my flat nor paying rent kindly help
« Reply #1 on: April 28, 2012, 09:02:54 AM »
The provisions of the Transfer of Property Act (TPA), 1882, will apply in your case. Hence

you can send your licencee a notice to quit and subsequently file an eviction suit. There is

no specific provision for defence personnel in the TPA. But the statute of the West Bengal

Premises Tenancy Act, 1997, provides the right to recover possession of any premises let out

by a landlord, including a retired army, navy or air force officer, if he or his family needs it.

 

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