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Old 10-04-08   #4
A SAHA is offline A SAHA
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I am writing this to highlight the vulnerability of landlords before tenants, who take advantage of the tortuous legal process to frustrate eviction efforts.

Myself and my brother became joint owner of the premises at Fulbagan , Kolkata by virtue of the will executed by my Mother. We stay on the 1st floor where as major portion of the ground floor flat consisting 3 bed rooms , one bath and privy, one kitchen one garage and one servant’s bath and privy at the monthly rental of 525/= per month was rented out to a tenant in the year 1966.

We served eviction notice on 11/06/04 on the following ground and case was filed in the court of Ld . Civil Judge ( Jr Div) Additional Court at Sealdah
  • that the tenant is not staying in the said flat as he is staying with his second wife at Park street and now staying I at Salt lake Flat . Voter’s list of Park street constituency still have the the name with voter’s id no enlisted.
  • that the tenant has defaulted in payment of rent sine January ,2004 and caused material damage and material deterioration to the condition of the property.
  • that the property is reasonably required by us for our own use.

The case was heard for as long as three years as the tenants took advantage of the tenant laws of the which are very much in favour of tenant We got the judgement in favour of us on the ground of reasonable requirement on 29/09/07 from Ld . Civil Judge ( Jr Div) Additional Court at Sealdah

Now the tenant has duly filed an appeal against the judgement in the Land Revenue Tenancy Tribunal at SaltLake for the stay order . Till to day the formalities of preparing paper book could not be completed not to speak of the hearing the case . I was told that it will take another 4/5 years to get the judgement from LRTT
THEN THEY WILL TAKE UP WITH HIGH COURT AND THEN TO SUPREME COURT AND TILL THEN THEY WILL ENJOY ALMOST FREE STAY AT OUR COST OF MAITENANCE ,CORPN TAX ETC. AT LAST WE WILL HAVE TO GIVE THE HOUSE FREE TO TENANT AND MOVE OUT OTHER RENTED PLACE
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