We have a shop in Central kolkata,and are paying rent as sub tenant, at Rent Control since 1970s. The rent being paid monthly. from 1970-1990 Land owner was accepting rent from us, as a sub tenant, and so we never thought to change the name of owner.but from 2000 as Generation changed ,land owner stopped collecting rent and we started paying at rent control.,as a sub tenant. It is a big market, 600 shops. can land lord evict us, on fictious or genuine ground. How law will help us to get safety, before land lord, bring eviction order from court. How can we aefe guard, our shop.
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Landlord can evict you by filing eviction suit if you have made unauthorised alterations in the shop premises
2) if you don’t pay rent it is ground for eviction
3) if he requires shop for personal use ie a ground fir eviction
4) landlord would need court orders to evict you abd suit would take years to be disposed of
1. Eviction is a right of the landlord on the grounds set forth in the application Rent ct.
2. As per the WBPT Act suit for eviction can be filed b the landlord if the premises is required for his bona fide reasons.
3. however beofre filing any such suit for eviction you will get a notice for eviction.
4. To be on the safer side though you can file Caveat in the local court.
5. once suit is filed you will get ample opportunity to defend the suit.
1. The land lord can not evict you on fictitious grounds.
2.However, the land lord can certainly evict you if his grounds are found to be genuine by the court.
3. What you shall have to do, should the land lord files an eviction suit against you, is to contest the suit fittingly proving the grounds placed by the land lord as false.
4.An able lawyer can drag an eviction suit for years forcing the land lord to come to the negotiation table and settle the matter amicably.
Dear Client,
On what basis, sub tenancy acquired by u. Where is actual tenant.
WELL, continuously accepting rent for long period shall amounts to deemed acceptance of sub tenancy. So, court eviction rare in ur case. Don`t default in paying rent,
BUT landlord can file for revision of rent if not satisfactory and low.
hi, if he files for eviction you can contest the case ..since you are willing to pay the rent , there is no specific grounds upon which he can ask for eviction,,
Sir
Once the landlord has accepted the rent from you as a sub-tenant and its copy is in your hand, then the landlord cannot evict you without the due process of law. In the tenancy litigation, law takes a good time to decide so, you have ample opportunities under law to save your shop.
Thanks
Is there any move by the landlord to evict you ?
If there is nothing of that sort, what is worry about?
You have been paying the rent before the rent controller regularly hence your tenancy rights are protected,.
The landlord cannot evict you by force for any reason.
He has to follow the due process of law.
If you anticipate any such hasty move by the landlord, you may file a injunction suit against him seeking to restrain him from forcibly evicting you other than by due process of law.
Hello,
Eviction orders are not passed by the court very easily.
As and when they file a suit for eviction, contact a local lawyer and file the objections,
This alone will take 7-10 years to get decided.
The course of action can only be told after seeing the content of eviction suit.
Yes the law will protect you.
Regards
