issue grand son to vacate the premises as agreement for tenancy has expired
file suit for eviction against grandson on grounds that that he is trespasser as period of tenancy has expired and you require premises for personal use
Eviction of occupier from property rented out for non-residential purpose
1. Agreement for Tenancy signed for 10 years, starting June 1992. The space was to be used for business purposes only (i.e. non-residential use). 2. Landlord (my father) passed away in April 1993. The tenant was duly notified, and he continued to pay rent till end of the Agreement (May 2002) 3. Eviction notice was sent in 2012 by Registered post, with A/D, and was accepted by the tenant 4. The original tenant passed away in March 2019 5. Now, in 2024, after 5 years of the death of the original tenant, the only grandson of the tenant continues to forcibly occupy the space Can the occupier be evicted u/s 2(g) of the WBPTA 1997, or any other grounds?
Asked 1 year ago in Property Law
Religion: Hindu
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13 Answers
1. Mere sending of notice for eviction is not enough. For this eviction suit is to be filed.
2. if 5 years has passed since the death of original tenant and all the conditions ( Proviso) of section 2(g) is complied with then suit will under TP Act only.
Whether any further legal action taken on the previous eviction notice?
Even now you can issue a legal notice to the grandson stating him as a trespasser as he is occupying the premises without any valid rental agreement and inform him that he will be evicted through court if he is not complying with the instructions made in the eviction notice.
Dear Client,
In the Present Scenario, the tenancy agreement for the non-residential property was signed in June 1992 for a period of 10 years and expired in May 2002. Herein, the tenant continued paying rent during the agreement period, but an eviction notice was served in 2012, which the tenant acknowledged. The original tenant passed away in March 2019, and presently, in 2024, the tenant’s grandson occupied the property with force, and without any legal authority. Under the West Bengal Premises Tenancy Act, 1997 (WBPTA), tenancy rights can only be inherited by specific heirs who reside with the tenant at the time of their death, and here, the grandchildren are excluded unless proven to be dependent at the time of death. Here, since the tenancy agreement expired in 2002, and the grand child does not qualify as a tenant under WBPTA, his continued occupation is unauthorised. For the same, legal action may be taken by filing a complaint/eviction suit, and the Transfer of Property Act, 1882, citing the expiration of the tenancy and lack of legal authority. Additionally, a claim for mesne profits may be made for illegal occupation.
Hope you find this answer beneficial for resolving the dispute.
1. File the Eviction Suit before the Court claiming that you require the said tenanted space for your own use.
2. You do not have any option other than filing the said suit.
- The Supreme Court held that a person who has inherited tenancy rights under the erstwhile West Bengal Premises Tenancy Act, 1956, will enjoy uninterrupted possession of the rights and cannot be evicted under the West Bengal Tenancy Premises Act, 1997, after five years as provided under Section 2(g) of the new law.
- You can file the eviction petition on other grounds like bonafide requirement.
Thanks to all those who took the time to go through my issue and answered in great details about what I need to do! It is clear that I need to engage a lawyer to send a notice and eventually file a case for eviction. There are five (5) family members of the original tenant (now deceased). Two daughters-in-law (both widows) and one grandson (of yonger son) and two granddaughters (of elder son). So, what is not clear to me is, against whom the case should be filed? All 5, or only the occupant? There is no factual evidence with me to establish who amongst these are the trespassers. Secondly, I understand that there is an SC judgement against section 2(g) of West Bengal Premises Tenancy Act, 1997. Does this forbid me to file a case under section 2(g)? Which one takes precedence, the Act or the specific judgement of SC? Any guidance will be highly appreciated.
Asked 1 year ago
since the grand son is forcibly occupying the premises legal notice should be issued to him to vacate the premises
2) SC judgment is binding
You can issue the legal notice to the occupier to vacate and deliver vacant possession failing which you can inform him that he is a trespasser and that he will be ejected as per procedures of law for which he will be held liable for the legal consequences.
- You can send the legal notice to the person who is in the occupation of the tenanted premises
1. File the eviction suit against all the legal heirs of the original tenant, since deceased, as otherwise if you file it against his only grandson and get the eviction order against him after few years, other legal heirs may start claiming that they are or any one of them are the occupant of the said premises.
2. Without perusing the referred judgement of the SC, it is difficult to make any comment on the existence or validity of the Section 2(g) of West Bengal Premises Tenancy Act, 1997.
Dear Client,
According to the facts you have presented, it is prudent to file an action for eviction against all five members of the family of the deceased tenant because that way nobody will be left unheard. Because the tenancy agreement expired in 2002 and none of the present occupants is covered by the definition of a tenant as defined in the West Bengal Premises Tenancy Act, 1997 (WBPTA), their occupation is illegal. The eviction notice of 2012 and accepted by the first tenant would strengthen your case. The latest judgments of the Supreme Court relating to Section 2(g) of WBPTA, 1997 would override the Act but that would not be adverse to your case since the tenancy rights of the current occupant are illegal. You may even seek mesne profits for the period for which the property was illegally occupied during this period. Engage a lawyer that will file a case for eviction where all the legal grounds will be properly covered.
Hope you find this answer beneficial for resolving the dispute.