Dear Sir, I need a advice from you. I have a property and with that TWO different tenants. One is living with us for 30 years. Another is living for 15 years. I have a son, recently married. For them, I need rooms. They currently stay in 2nd floor (top floor) which is like a hall room. One room, one baranda, one bathroom. In Winter, the room gets very cold at night and in summer, its like a micro-wave oven as its a top-floor with glass windows. For these I need to vacant my tenants which they refused. Now, both the tenants bought their own flats in the same city that of mine. One is living their own flat, but kept a servant in our room. Another is living in our room, but put tenant in their flat. Please suggest me how do we progress? What is our chance? How long 'aprox' will it take? My main concern is that, they will claim that we do have extra room so our requirement is not valid.
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1) you can after issue legal notice file suit for eviction .
2) in notice mention that you need flat for your own use as your son has recently married . gather evidence of flats owned by tenants .
3) suit for eviction may take some years to be disposed of . contact a local lawyer .
you can get it vacated on the basis of your bonafied requirement
The West Bengal Premises Tenancy Act 1997 provides that a landlord can file a Eviction Suit for his own requirement,but the eviction of tenant is lengthy process of laws.
However you should collect the information about the tenants and send a Legal Notice to the tenants to quit and vacate your room for your own occupation,failing which you can file a Suit for Eviction against the tenants on reasonable requirement ground.
Reference Judgment:-------
Supreme Court of India
Dhannalal vs Kalawatibai & Ors on 8 July, 2000
Author: R Lahoti
Bench: R Lahoti, B Agrawal.
CASE NO.:
Appeal (civil) 3652 of 2002
Appeal (civil) 3653 of 2002
PETITIONER:
DHANNALAL
Vs.
RESPONDENT:
KALAWATIBAI & ORS.
DATE OF JUDGMENT: 08/07/2000
BENCH
R.C. LAHOTI, B.N. AGRAWAL
What are the points I can include to proof I really need the rooms?
your bonafide requirement
the fact that your son has recently married and you need additional room for your family . further the fact that one of tenants have bought flat in city and have rented it out would strengthen your case
Since you require the room for your own use you are entitled to vacate the tenant. A tenant is not the owner of property. He ought to leave it when the owner requires it for his own use.
Issue a lawyer's notice to the tenants and ask them to leave. If they do not comply with it then file a case for eviction. If one of them has bought a flat elsewhere in city then it goes on to prove that he does not require the rented portion in your property any more.
