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Author Topic: Tenant Not leaving the Premises  (Read 274 times)

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Offline syedabbas

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Tenant Not leaving the Premises
« on: October 24, 2016, 09:37:33 AM »
My mothers property is available at Periamet. Its a commercial property and we have given a portion to rent for person. He was correct in paying the rent after some years he wanted to vacate the same and also requested consent to give that portion for his own brother. He was also doing leather business. As we Muslims should not entertain interest in any way he started giving money for Interest which my mother and others did not like so we approached him to vaccate the place. But unfortunately my father has not put any agreement while keeping that tenant. He is refusing to go out of the premises stating its good and fortunate place to carry out his business. Then my father approached legally and the case went on for 3 years and finally judgement came in favour of him as he started to pay his rent on regular basis directly to the bank without giving the rent in our hands. Now my father has expired recently. We would like to get him out of our property. Kindly let us know if there is any way to vacate him.

Offline Advocate M.Bhadra

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Re: Tenant Not leaving the Premises
« Reply #1 on: October 24, 2016, 07:21:37 PM »
There are separate Premises Tenancy Act in every State in India and eviction of tenant is a lengthy process of laws.You should have file an appeal in higher court when order was passed. Now you can file a revision petition under article 227 of the Indian Constitution in High Court to get expedite order for speedy disposal of the suit.

M.Bhadra, advocate at Kolkata,9836589246

Offline adv.amarnath

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Re: Tenant Not leaving the Premises
« Reply #2 on: November 06, 2016, 12:21:31 PM »
Whatever you sai about eviction case, I think your lawyer definitely did some mistakes or he has given only single ground for eviction that is defaulter in payment of rent.

Now, preferring appeal is not at all a good option if eviction case was filed on defaulter ground rather you have to file afresh case of eviction on reasonable requirement ground
Regards,

Amarnath Sanyal
Advocate
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