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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 7 years ago in Property Law
Religion: Hindu
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7 Answers
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
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.
Atlas Union Jute Press is the lessor of a big parcel of an enclosed industrial compound which has several Tenants, occupying several go-downs since a long time. We are the oldest of the tenants and had a very cordial relation with the owner of Atlas Union Jute Press, my grandfather worked at Atlas Union Jute Press. As the lineage and management has changed they are unscrupulously filing Eviction Suit in the Civil Court, leveling allegation like unauthorized construction, default in payment, encroachment etc.The motive being harassing the OLD Tenants to raise the RENT. We are already fighting a civil suit and it has been dragging on for years .About 3 yrs back it came to our knowledge that the entire Property is a WAKF Property and that it was on lease ,since 1900 to Atlas Union Jute press and that the lease has expired on 1989.On further inquiry with the Municipal Corporation Record it has come to light that the Bill Of Municipal tax is Issued in the name of Sultanate Ara Munni Begum WAKF estate .The Municipal Tax are regularly paid by Atlas UNION since the bill of TAXES are sent to the office of Atlas Union Jute Press . We have the EC number of the Property and also have the certified copies of the Lease Agreement that was made way back in 1901 between the Lessee (Ara Munni Begum) and Lessor (Atlas Union).It clearly shows that the lease has expired on 1989. As of the Civil Suit filed against us, our Lawyer has been very assuring that the suit will not be adverse against us. The suit has been filed on 1998 and, as the harassing nature of such cases, is dragging on for years. We have had detailed discussion with several Lawyers about the implication of the WAKF being come into the scene and re-claiming back the property from Atlas Union. The feedback being that 1) The WAKF will have to fight for reclamation with Atlas Union; it will drag on for several years 2)The WAKF ,when it gets the owner ship back ,will not fight for eviction of existing tenants ,as it will be futile to fight so many tenants ,who have their livelihood depended on the tenancy ,and will surely acceptable to receiving RENTs from existing tenants ,although with a nominal increase of Rent WAKF has till date not made any moves to reclaim the ownership .Several news relating to the mismanagement of WAKF property has appeared on newspaper from time to time .Our guess is that the managements of Atlas Union has a setting with the office bearers. Our Lawyer is of the opinion that if the WAKF comes into the scene, the Civil case against us will be a total stalemate and the civil court will not entertain any cases relating to the WAKF, as that is the purview of the tribunal of WAKF. I have written several times to the State and Central WAKF ,informing that such property whose lease has expired for several years ,the rent of which is gobbled by Atlas Union Jute Press ,and that the rent if accrued will run into crores of rupees ,which can be put to use for charitable purpose .But till date no feedback has come from any Governmental department Considering the above described scenario I will like the opinion about the following point 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 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. 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 ) As of the Atlas Union Jute Press, it has being continually exploiting the Industrial estate to the hilt. Renting out in exorbitant rate to unsuspecting customers’ and cement mafia, godowns at huge advance payments and rents and the result is that the tenants such as myself are squeezed into a nightmare of sorts .Atlas Union Jute press has nothing to loose as it knows very well that its lease has expired and that whatever benefit it gets by skimming and skinning the holy cow is for his generation to plunder and loot for the luxuries. Albeit please suggest the direction in which my next step should be regarding the WAKF agenda. Thanks Abhishek Bajoria
Asked 7 years ago
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
PIL by third party sir who can be the third party as i have been told that the PIL can be filled in High Court. But the HC will shot back about the motive behind the PIL and the petitioner locas standi
Asked 7 years ago
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.
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.
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