We are landlord of a 3 stored building at Kolkata, which 1st floor was let out for residential purpose in the year1978 where the tenant used to live with his wife and 3 sons.
About 20years back tenancy holder purchased an old-tenanted house in the similar locality, and by the help of Law vacated the same, renovated and made accessible for living.
After death of his wife tenancy holder started living in his own purchased house with his elder son and family, keeping the younger son to stay at the tenancy portion.
After marriage his second son started living elsewhere with his family, tenancy holders second son died keeping wife, one son and daughter behind, in present days his son and daughter are married, have their own living accommodations, business and well settled, 2nd son's wife also has her own accommodation for living.
Now in the year 2012 we have filed an eviction suite which is under process.
Commission order issued but the commission process not done.
The younger son of the tenant left the tenancy portion in the year 2014 keeping the same under lock and key and started living in his own purchased flat.
Last year tenancy holder died at his own house where he was living since last 12 years and more with his elder son.
We have submitted a petition under section 2 (G) the WB Premises Tenancy Act 1997.Which is rejected.
Tenancy holder personally left the suite premises 12 years back, also at the time of death he was not living there; in this situation can we get benefit of “Death of statutory tenant” and is there any provision for appeal, revision and review against the rejection of 2(G).
Please advice entry of names of the heirs of tenancy holder is necessary or not
Is there any way to seal the tenancy portion to protect the property from benami transfer?
How to realize rents which deposited in the court?
Can we file any damage claim?