• Vacate house after expiry of lease

A house was leased out to a Missionary School in Konnagore ( District of Hooghly , West Bengal). On expiry of lease , our pleader has given letter to the School Authority to vacate the building. They have not responded . We have stopped accepting the rent which is sent by post in Cheque .The house is in the name of my mother in law who is above 80 years. She has three daughters and no son. Father in law has expired last year. The daughters have extremely good relations among them. The School has subsequently built a large School building elsewhere but not far from the existing building.

Kindly advice whether there is any alternative to evict them without filing a suit ? If not what is the speediest mode to get an eviction order from Court in our favour.
Asked 3 years ago in Civil Law from Kolkata, West Bengal
1. There is no alternative to filing a suit for eviction against them.

2. Your lawyer, according to you, has issued a legal notice to the school asking it to vacate the premises.

3. If the legal notice does not produce the desired result then the only legal recourse left with you is to file a suit for eviction.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

1) issue legal notice to school to vacate premises as lease period has expired 

2) if the missionary school fails to vacate you have to file suit for eviction 

3) since your mother in law is 80 years you should request the court to expedite the hearing of suit 

4) application for expedited hearing would be granted by court 

Ajay Sethi
Advocate, Mumbai
46766 Answers
2767 Consultations

5.0 on 5.0

There is no alternative to evict them without filling a suit. At most, what can be done right now is to send a legal notice asking them to vacate the premises on the ground of need, arrears of rent. If the desired result is not forthcoming from the legal notice, then your only option is to file the eviction suit. Since the mother in law is a senior citizen and an old lady, an prayer for expedited proceedings can be made before the court. 
Shaveta Sanghi
Advocate, Panchkula
885 Answers
64 Consultations

5.0 on 5.0

Hi, you can not evict them  without due process of law so first you have to issue a legal notice and ask him to vacate the property and thereafter you have to file a suit for  ejectment.

2. Better you can contact local advocate for filling a suit.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. For evicting the unauthorised occupant you shall have to file eviction suit and there is no alternative to tat,

2. File tye aviction suit on theground of your personal requirement,

3. Eviction suit takes long time to be disposed of , if contested fittingly by the opposite side.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

Eviction of tenant is a lengthy process of laws, however you can file a suit for eviction of tenant in Civil Court on reasonable requirement ground under West Bengal Premises Tenancy Act. If suit would be lengthy then you can file a petition under art.227 of  the Indian Constitution in Kolkata High Court for an expedite order of speedy disposal.

If the said school is Govt. sponsored then you can try for alternately relief to file a Writ Petition in Kolkata High Court.
Minansu Bhadra
Advocate, Kolkata
386 Answers
28 Consultations

4.9 on 5.0

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