In around 1965, my grand father took from XXX co,a small shop in kolkata central district.He started a small business in the name of YYY co. The shop was situated in a 1000 plus market. Landlord that time did not changed the name of rent receipt, but continue taking rent till 1998. and than he changed mind and stopped taking rent and also refuse to change the name of shop . we are paying rin rent control now, in the name of XXX co, since owner did not changed the firm name .We have all taxable documents since 1965s,in the name of our company, which we are running as YYY co,We are Honest tax payer. Now Owners ent us eviction notice, in the name of XXX co. Since 3 generation has passed,we do not know how to defend the Eviction case.How to fight case in the name of XXX, when we are YYY co. I am sure, in West bengal Hawkers can not be removed, but can a tax payer be thrown . I want True suggestion , if we can defend eviction on ground of 52 years of tax paid to Income tax, GST, VAt, TDS, Land Lord, Rent controller or will be thrown away.
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1, It appears you took tenancy from XXX in the form of sub tenancy.
2. If that is so then it is valid ground for eviction unless the landlord gave written consent for this.
3. Now in your case the payment of rent is a proof of your defence and hence you have a good case.
4. So do not worry and contest the case on merit. You can very well defend the suit on merit.
You have to contact local lawyer and reply to eviction notice
2) take the plea that you are in possession of premises since 1965
3)that landlord has been taken rent from you since 1965 and after he refused to accept rent payment made to rent controller
Yes, if you're paying rent more than 30 years ad has possession on shop than no need to worry, just here need to prove your business of YYY company name instead of XXX.
If he files eviction suit you need to contest it. The same will be decided on merits by the court
1. The land lord has filed eviction suit against XXX Company who had sub-rented the premises to you being YYY Company.
2. You are occupying the said premises since last around 554 years and have been paying taxes in your name being YYY Company for which you can establish that you are the opccupier of the said premises for such a long time.
3. Contest the case fittingly.
4. Engage a local lawyer having expertise in this field.
You are in to decades old tenancy, cannot be evicted so easily. Both XXX & YYY name will mention in introduction.
Or you can reply to notice that notice issued to wrong addressee and owner willingly issued rent receipt in wrong name.
You cannot be thrown away just like that if you are operating business in different name then mentioned at the shop.
You can claim the ownership of shop on ground of adverse possession because owner is not taking any rent since 1998. And you are in possession without any interruption and interference from owner.
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do.
The documentary evidences in your support are substantial evidences to prove possession of property and the tenancy rights
Hence you can fight it out till the end
Dear Sir,
In an eviction case, defenses are the legal reasons why you should not be evicted. If you have a defense, you may be able to prevent your eviction. ... Counterclaims are important because you can use them to reduce the amount of rent you owe your landlord and sometimes win your eviction case.
A tenant has certain rights which are protected by the law. He can approach the court and seek a legal remedy in case of illegal eviction by the landlord.
Almost all states have rental control laws pertaining to the protection of tenants. Each state has given certain grounds under which the landlord is legally allowed to evict the tenant. However, the violation of tenancy laws are commonplace in cities where it is not easy to find a rental home immediately if the landlord asks his tenant to vacate. As per the law, a tenant has a legal right to go to the court and defend himself against an illegal eviction.
Grounds for eviction
Often non-payment of rent, rent agreement violation, property damage and illegal activity are key grounds for a tenant eviction. Therefore, the tenant must refer to the provisions of the State Rent Control Act to find out the grounds for eviction specified under the Act. If the landlord has evicted the said tenant on any ground other than the ones specified in the Act, it will amount to unwarranted eviction and the tenant must thereafter seek the help of law and the enforcement bodies to prevent this eviction.
Suit for injunction
Many circumstances may come when a tenant cannot vacate a house at the request of the landlord. There may be a medical emergency or he may have old parents living in his rented house. In such cases, the tenant can file a suit for injunction, in an appropriate court to legally impede the landlord from evicting the tenant on any other ground (not mentioned in the State’s Rent Act). This step should be taken by the tenant in case the landlord forces the tenant to leave the premises without any appropriate notice.
Rent Controller
In case a notice of eviction on false grounds is sent by the Landlord to the Tenant, the tenant should visit the Rent Controller of the appropriate jurisdiction, thereby stating his/her reasons to challenge the notice of eviction. The Court will then summon the tenant and he/she will be required to present his/her case and reasons supporting the requisite evidences.
Notice of rent payment
If the landowner points that he has not received the due rent and states this as the ground of putting forth the notice of eviction, then the tenant may rightfully request the landlord, through a written notice, to send his bank account details so that he can make the transaction and thereby, deposit the unpaid rent. After acknowledging the same, the landlord shall provide the details to the tenant before the end of 10 days from the date of receiving the said notice.
“When tenant receives the requested banking details, he needs to make the deposit transaction as soon as possible. However, if the landlord does not respond to the said notice within the given period of time, the tenant has a right to send a money order of the respective rent amount,” said a legal expert
“In case, the landlord refuses to accept the money order or declines the receipt of such transaction, then the tenant has the right to approach the court and file a petition. The court may issue an order to the landlord and compel him/her to take the rent,” added the expert.
Remember, you should not accept eviction if you need the house to live and cannot afford moving into a new place immediately. You can always defend your rights and get a legal remedy in case of violation of rental laws by your landlord.
