• Eviction of Lessee from a commercial property in South-Kolkata after Lease Expiry in 2012

I have a Ground+Mezzanine Floor commercial property, inherited from my father, in South Kolkata, West Bengal. The property was leased out by my father in 1991 for 21 years and the lease expired on 31/7/2012. My father passed away in 1993. The last rent deposited was Rs.5247. No rents have been collected from the Lessee since expiry of the lease. The property is used by a school that is run by the wife of the Lessee. When approached by me (and my brother) in early 2012, the Lessor didn’t show any interest either to renew the Lease at market rates or vacate. The current rental value is Rs.1.5L/month. Eviction Notices were sent to both the known addresses by my Advocate prior to expiry of the Lease, however it was returned by the Lessee.

How quickly can an Eviction Suit be filed and what would be the tentative cost and timeline (till filing)? 
Can an Eviction Notice served via email be considered as valid in the eye of law?
Asked 2 months ago in Property Law
Religion: Hindu

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10 Answers

File suit for eviction after serving eviction notice .it can be sent email and speed post 


2) it should not take more than a week to file eviction suit 


3) legal fees vary depending upon lawyer engaged by you 


4) legal notice sent by email is valid 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

If notice sent by post is returned with remarks refused it is proper service 


2) if you have the email I’d of lessee you can send it by email 


3) you will need to have proof that the email was sent and the recipient read the email. If the recipient has admitted to receiving the email, or if he or she responded to it, this may serve as an official notice,

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

Any notice through electronic means is as valid as notice by any other means like post. You ca use notice sent through email. Filing of eviction suit will not take more than two days and if there is urgency it can be done overnight also. At premises is used for running school, you need to involve education department of WB. You can also approach the department for seeking eviction. Any eviction order has to intimated to t Department also. 

Ravi Shinde
Advocate, Hyderabad
4012 Answers
42 Consultations

5.0 on 5.0

When lease over in 2012 Why waiting for such long time for filing suit. You are crossing limitation. Notice send and returned or not accepted, due service consider. 

Yogendra Singh Rajawat
Advocate, Jaipur
22464 Answers
31 Consultations

4.4 on 5.0

Notice is not prerequisite but it’s filed for giving a chance to the opponent to address the issues

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

- As per law, in the absence of a lease agreement or on the expiration of the agreement , then tenancy will be considered as month to month basis, and the lessee is bound to pay the rent every month regularly. 

- Further, if the lessee not paid the rent , then the landlord having his right to evict the lessee legally.

- Since, the lease agreement already expired and the lessee failed to pay the rent then being the legal heirs , you can evict the lessee on this ground. 

- If the said notice is refused by the lessee or it was sent on the correct address of the lessee , then it is considered as legally served upon the lessee. 

- You can file an eviction petition before the court , if the time period mentioned in the said notice has passed. 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

Dear Client

In India, if you want to evict a tenant from a commercial property, you can file an Eviction Suit under the relevant state-specific Rent Control Laws or the Transfer of Property Act, 1882. Here are some key points to consider:

Eviction Suit Timeline:

The timeline for filing an Eviction Suit can vary depending on several factors, including court procedures and the specific circumstances of your case.
Generally, it's advisable to start the process as soon as possible, especially if the tenant is in unauthorized possession of the property after the lease has expired.
The specific timeline for your case can be provided by a legal expert who is familiar with local court procedures.
Cost of Filing an Eviction Suit:

The cost of filing an Eviction Suit may include court fees, legal fees, and other incidental expenses.
The exact cost can vary based on the property's value and location and the lawyer's fees. It's best to consult with a lawyer for a precise estimate.
Validity of Email Notices:

Indian courts generally prefer physical service of notices as opposed to electronic means like email. However, laws and practices may evolve over time.
While email notices may not be considered a valid method of service in most cases, you can still use them as supplementary evidence to show that you attempted to inform the tenant about the eviction.
Consult with a legal expert to understand if there have been any recent developments in the acceptance of email notices in your jurisdiction.
Establishing Service When Notices Are Returned:

If notices served by Speed Post are returned undelivered, you should retain these returned notices as evidence of your attempt to serve them.
You can also consider alternative methods of service, such as publishing notice in local newspapers or affixing the notice to a conspicuous part of the property, with court permission.
Consult with a lawyer to explore the best course of action in your specific situation.
To proceed with an Eviction Suit, you should engage a local lawyer who specializes in property and real estate matters. They will guide you through the legal process, help you draft the necessary legal documents, and represent you in court if required

Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

If the eviction notice was returned undelivered then nothing forbids you from filing the eviction suit to evict the tenant who is overstaying in the premises even after the expiry of the lease period, actually, he can be evicted for default in payment of monthly rental amount as well as he can be termed as an illegal occupier or trespasser for staying in the property without any proper authority 

What were you doing without proceeding to the court of law for initiating an eviction suit after the year 2012 till this date.

You were not worried about this inordinate delay that took place to take any action but you seem to be worried about the timeline for disposal of the case.

The time taken for disposal cannot be predicted including the lawyer's fee.

You can consult the same lawyer who sent the eviction notice about the fee and and other aspects including incidental  expenses.

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

The returned undelivered legal notice is a proof of the steps taken to serve the notice to the tenant becasue it was sent to the tenant to his last known address.

If you still want to send the notice by email, then you can attach the copy of the email to the suit for eviction. 

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

  • You can file an eviction suit against the lessee under the West Bengal Premises Tenancy Act, 1997 (the Act), which governs the relationship between landlords and tenants of commercial properties in West Bengal. The Act provides various grounds for eviction, such as default in payment of rent, subletting without consent, causing damage to the property, using the property for illegal or immoral purposes, etc.
  • However, since your case involves a lease that has expired and not been renewed, you may have to file a suit for recovery of possession under the Transfer of Property Act, 1882 (the TPA), which governs the transfer of immovable property in India. The TPA provides that a lease of immovable property determines by efflux of time limited thereby, unless a contrary intention appears from the terms of the lease. Therefore, if your lease deed does not contain any clause for renewal or extension of the lease, you can claim possession of your property after the expiry of the lease term.
  • To file an eviction suit or a suit for recovery of possession, you will need to engage a lawyer who can draft and file the plaint on your behalf. You will also need to pay the court fees and stamp duty as per the schedule prescribed by the West Bengal Court Fees Act, 1970 and the West Bengal Stamp Act, 1899. The amount of court fees and stamp duty will depend on the value of your property and the relief claimed by you. You can consult your lawyer for more details on this.
  • The timeline for filing and disposing of an eviction suit or a suit for recovery of possession may vary depending on various factors such as the complexity of your case, the availability of evidence and witnesses, the pendency of cases in the court, etc. However, generally speaking, it may take anywhere between 6 months to 3 years or more for a final verdict from the court.
  • As for serving an eviction notice to your lessee, you can do so by sending it through registered post with acknowledgement due (RPAD) or speed post to his last known address. You can also send it through email if you have his email address and if he has consented to receive notices through email. However, you should also keep a hard copy of the notice and its proof of delivery as evidence in case of any dispute.

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

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