- This topic has 13 replies, 2 voices, and was last updated 1 year, 3 months ago by
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UMy tenant is conducting commercial activities on my residential property in Kolkata without my permission. Despite serving him two eviction notices, he has refused to vacate the premises and has even threatened me, claiming he has connections with politics.
I approached the local police, who advised me to file a complaint with Municipal Corporation and then submit a General Diary with them. However, Municipal Corporation redirected me to the local councilor, who in turn stated that this falls under Municipal Corporation’s jurisdiction. This back-and-forth has left my issue unresolved, with no authority taking responsibility.
The tenant’s actions are causing a nuisance, and I urgently need to have him evicted. I also got to know that he has filed an injunction against me without my knowledge. -
HBoth Police and Municipal Corporation will not help you evict the person. Only a civil judge has the power to evict. If you already have sent eviction notice then get a lawyer and file eviction suit.
And what injunction has he obtained against you? I doubt Court would pass any ex-parte orders against you.
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UYou are right about the injunction. He had filed one against me in 2021 as well, without my knowledge, but the court did not grant it. I only found out about that previous injunction last week. Now, he has filed another on just before I sent him two Eviction notices, and I have a hearing scheduled next month. I’m not sure if these are just delay tactics or something else.
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HThese are just tactics to scare you into not taking action against him. He cannot get injunction when he himself is in the wrong. You will need to file a strong response to the Injunction Suit.
Apart from that you will need to file eviction suit for evicting him. Don’t waste time on police & municipal corporation. Maximum they will do is to fine him for using the residential premises for commercial purpose. In fact, they might even fine you for it as you are the owner.
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UShould I file the eviction suit as a counter to the injunction case he has filed, or should I file it separately ?
Also, what would be the strongest grounds to secure an eviction order from the court at the earliest ?
I am considering the following:– Requirement for personal use
– Failure to vacate despite receiving two legal notices
– Unauthorized commercial use of residential property
– Irregular payment history
– Attempted illegal change of the electric meter name without my consentMy priority is to avoid unnecessary delays and obtain the eviction order as quickly as possible.
Feel free to remove any points. Thanks in advance
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HAn eviction suit will need to be filed separately. Consult a lawyer in your city to obtain accurate information regarding the grounds and procedures involved, as laws for eviction vary across different states. There may even be difference in the procedure from city to city.
Your primary grounds should be unauthorized commercial use of property. Non-payment of rent is also a good ground. If he has made unauthorized alteration / changes to the property, that can also be a strong ground for eviction. Rest all can be used as secondary grounds but make sure that you are in a position to prove whatever grounds you take and do not make your case overly complicated. The more grounds you take, the more things you have to prove in court, and the greater the likelihood that the opposing party will complicate and prolong the matter.
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UThank you for your response. I appreciate it.
Is Personal Bonafide Use not considered a primary and strong ground for eviction ? Or is it more of a secondary ground ?
Basically I am currently residing in a different city on rent and wish to return to my own house, which I had rented out under a leave and license agreement to the tenant who is now causing trouble.
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HPersonal bona-fide is a valid ground for eviction but not easily proved in court. Like if you are residing in another city then he may twist words to make it seem like you are taking a false ground. It is not like you returned to your city and are now living on rent, in which case you would have a strong case for bona-fide requirement. Main problem with this ground is that too many people misuse it when they have no other grounds and so courts require strong proof for bona-fide requirement.
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UCan you suggest any strong proof examples for Bonafide personal use ?
I can show the current rent agreement I have in another city which is expiring by end of this year. Will this work or we need something more stronger ?-
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HYou can try using the expiring agreement but I doubt it will work since it is of another city. You will need to prove to the Court that you are actually planning on shifting to the city where rented property is located. How you do it depends on you. If you got some job or something in that city maybe you can use that to show that you actually want to shift there. It’s a very factual issue and you will need to think what evidence you can use to prove it. Also, eviction suits generally take time.
Your strongest ground is that the tenant is doing commercial activity which is different from the purpose for which the property was rented. You can use this to ask for injunctions as well. If you get an interim relief in your favour early on in the case, it is as good as winning the case because the tenant would be prevented from doing the commercial activity and it is likely that he himself would then leave.
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UUsing both Bonafide Use and unauthorized commercial activity as grounds for eviction won’t distract the judge and the case, right?
Also, regarding the commercial activity argument, is there a risk that the court might simply warn the tenant? If he claims that he will now use the premises for residential purposes, could that allow him to stay? Because he will play foul and tell in the court that he will use as residential but sooner continuing it as commercial because who is going to monitor him.
Given that the agreement is expiring next month, it wouldn’t make sense for the court to let him continue occupying the property just because of an ongoing civil dispute, would it?
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