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Author Topic: Eviction of company from residential premises  (Read 917 times)

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Offline Shubhankar

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Eviction of company from residential premises
« on: August 28, 2015, 10:50:24 PM »
My grandfather has a residential property situated in Kolkata. Ten ears ago, he rent out the property to a company namely, Flexocon Engineers Pvt. Ltd. engaged in manufacturing engineering materials, for a period of five years on rent agreement. He is not much educated so he could not understand the legal procedure to be followed while giving away the residential premises for manufacturing purposes. The agreement tenure was over 5 years ago and after that no agreement was entered to continue the premises but the company maintained its possession.

Upon repeated request by my grandfather to vacate the possession, the company blatantly refused to vacate it and also challenged him that he could never oust the company from the premises. The company has damaged the property by keeping heavy materials in large quantities and also use heavy weighted hammers for manufacturing products.

The company has no trade license, no clearance from fire department and no safety measures in case any untoward incident occurs. The company is involved in manufacturing highly inflammable products like synthetic fibre, plastic, PVC materials and synthetic sheets without fire safety measures.

My grandfather is 80 years old and his residential property is his only means of income. The company is paying a meagre amount of Rs. 2,500 as rent and manufacturing products worth rupees lakhs in the premises. We have on several ocassion demanded his trade license and other clearance certificate but the company has shamelessly denied. Not even that, the director misbehaves with my grandfather in a very snobbish tone and also threatens of being in touch with high profile people.

He knows it very well that he is cheating the Tax department and we also know it very well.

I am seeking advice what kind of actions can be taken against the company for its hooliganism.

Offline adv.amarnath

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Re: Eviction of company from residential premises
« Reply #1 on: August 29, 2015, 05:08:24 AM »
Hello Mr. Shubhankar,

I have gone through your grandfather's situation which you have narrated finely. I would like to say that it is a very common case now a days. Eviction of a tenant is a strict procedure which we have to maintain from the very begin. Now, apparently, I would like to say though the premises which were let out to the company is residence but it is being used for Manufacturing purpose. There will be no harm or effect in your case until and unless something contrary is written in the said agreement.

Your grandfather can evict those hooligan company on several grounds and we may add some additional grounds for eviction. But before you file a Eviction case, your grandfather is required to send an Eviction Notice to them by highlighting some of grounds and give them opportunity to deliver up khas vacant possession to your grandfather by clear 30 days notice (If the agreement for tenancy is being guided under West Bengal Premises Tenancy Act, 1997) or 6 months notice (if the agreement is guided under Lease [Transfer of Property Act]).

Above all suggestions are given apparently. I can give you more perfect advice regarding eviction when I will go through the Agreement between your grandfather and tenant, Property Title of your grandfather and others relevant documents, if any. and place of the property.
 
For further clarification and advice, you can contact me over email or mobile.

Regards,

Amarnath Sanyal
Advocate
Kolkata, West Bengal
Email - adv.amarnath.sanyal@gmail.com
Mobile - 09830303322
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Shubhankar

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Re: Eviction of company from residential premises
« Reply #2 on: August 29, 2015, 07:38:36 PM »
Thanks for your kind. Let me tell you we have already sent legal notice in this regard 2 weeks back and a period till September has been given for evicting the premises. But the company is not filing its reply. Not even that the company is avoiding the issue by keeping complete silence. The company is actually using this mischievous tricks to delay the adjudication of the suit. Is there any alternative that we can avoid the legal suit and the company is evicted from our premises.

You very well know that the district courts are very troubling and often takes a decade to settle such cases. Unfortunately, we have lost the only agreement copy because the agreement was made 5 years back. We have no material proof that the comapany has occupied the premises on rent agreement. Kindly provide your valuable suggestion what can be done in such situations.

Offline adv.amarnath

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Re: Eviction of company from residential premises
« Reply #3 on: August 30, 2015, 07:16:16 PM »
If you sent a legal notice to the tenant then what is the question of filing reply? and where the tenant will file reply? Considering the legal notice as an eviction notice and it is absolutely proper, then I will say that on receiving of such notice, it is common that tenant never replies to the eviction notice due to lots of law and technical points related which will be his defence when you file eviction case.

Now a days, Courts and its Judicial Officers are very advance and becoming co-operative with the litigants by maintaining the Law and procedure codes. Matter only gets delay due to lawyers fault and adopting dilatory tactics which I strongly object when I do my cases.

Though you have lost the vital document i.e. agreement, on this situation, I cannot give you proper advice until I go through all the documents presently you have in your custody. Secondary Evidence can be given on failure to prove primary evidence. But there is a very underline situation, that if you had already sent a legal notice then how your lawyer have drafted the legal notice and how he has put reference of the relation between your grandfather and the company as landlord and tenant relationship.

Please take your matter seriously cause initial mistake and wrong notice will ultimately make your eviction case dismiss on technical ground after 5 to 6 years delay. Ultimately, time and money will be waste unnecessarily.

For further clarification and advice, you can contact me over email or mobile.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Re: Eviction of company from residential premises
« Reply #4 on: August 30, 2015, 07:43:34 PM »
If you are satisfied with my reply, please click on the applaud just left hand side on this post
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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