• Eviction suit

What are the rights of a landlord lessor ,whose lease has expired on 1989,and the property being a WAKF Property (although the WAKF has not reclaimed the Property till date) to file an eviction suit against a tenant.
I live in Kolkata and will like a paid appointment with the Lawyer to discuss the case
Asked 1 month ago in Property Law from Kolkata, West Bengal
Religion: Hindu
Landlord has best right then tenants, file a eviction petition immediately and the court will pass an order in your favor and directed to tenant to evict the premises within six months from the court order.

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Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1) on expiry of lease property had to be surrendered by the lessee

2) in case lesser fails to surrender wakf board can take legal proceedings to evict the encroacher 

3) landlord lessor cannot take any eviction proceedings against the lessee as his lease has already expired  
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
The lessor or the so called landlord is actually not the landlord or the owner of the property which belongs to Wakf board.
If the wakf board rules do not permit to sublease the property under his possession, then this sub-leasing will be treated as sub-letting and illegal as per law. 
However based on the lease agreement with the tenant by the so called lessor, considering it as an oral extension of lease from the year 1989 till this date, the lessor may issue notice to the tenant to vacate the leased out property owing to the reasons namely default in rent or own occupation or any other valid reason that the lessor may rely upon to vacate the tenant.  
No doubt this is wakf board property, but since the lessor is in occupation in it for a long time under an oral lease agreement, he becomes the proper person to decide about the same until wakf board is reclaiming the property by terminating its lease agreement with him.
There are legal complications which should be taken care of during the trial proceedings that may be initiated as eviction suit.
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
1) you should nudge the wakf board to take action against the lessor 

2)PIL can be filed by third party to expose mismanagement of wakf property and to recover the money plundered by the lessor on expiry of lease 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate. PIL is a right given to the socially conscious member or a public spirited NGO to espouse a public cause by seeking judicial for redressal of public injury.
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1) Will it be foolish on my side to nudge the WAKF to come into the scene or shall I lay low and bide time

In my opinion, yo should concentrate on your case only.
You have to take defence on the basis of how you have pleaded to protect your interest. If necessary you may highlight that the property belongs to wakf board hence the lessor has no authority to lease out the same to you and that you are ready to pay the rent to the wakf board directly if the court directs you to do so.
You should make careful moves on this.




2) IF it is agreeable to nudge the WAKF, that I have done, what are the ways in which I shall approach the Government Machinery? My Lawyer has opined that I as a tenant of Atlas Union cannot challenge its Landlord ship .I have continually deposited the rent in the court for last several years.

It may be noted that the original landlord is wakf board only and not the Atlas union hence there is nothing wrong in disputing the title of the lessor to this property which will  make the plaintiff to think about different type of complications arising out as a development which may be adverse to his own position and case. 




3) Can a PIL be made in the High Court by someone who exposes the corrupt nature of this case, of mismanagement of Wakf property,(the RTI inquiring about the status of the property and the muttawali has said that there is no muttawali designated  in the WAKF property  )

The public interest litigation filed by a third party may not benefit you in any maner since the original landlord i.e., the wakf board itself is not interested to reclaim the property, so it is better to not to waste time and money on such things which in no way going to benefit your case, discuss with some other lawyer too.
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
MR Ganguly or MR barman both are from Kolkata having good ratings . you can contact any of them 

2) contact details can be collected from administration  of kaanoon website 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0

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