Legal Question in Landlord & Tenant Law in India
MR anirban dutta is landlord in respect of premises no 36 anwarsah road kol 33,P.S charumarket. the premises consisted with 5bedrooms 2kitchen 2 bathrooms abd 2varandas. Mr dutta given rent in respect of 3roomsof the premises to Mr subham roy @a monthly rent of rs 3000 per month to be paid within 7thday of calender month. the tenancy created by way of an ageement dated 17.3.20001 which elapsed on 16.3.2011.
At the time when tanancy created Mr dutta had 2rooms in his possession one was used by his parents and another one is used by him and his ewly weded wife. However subsequently Mr dutta had 2childen a boy and a girl who are 14years and 13years old.
Mr subham roy resides in the tenanted rooms along with wife and two children who are students of law and engineering respectively.
Since agreement elapsed on march 16,2011 Mr dutta wrote a letter dated feb 16th,2011 to Mr roy asking him to quit and vacate the premises.
However at the request of Mr roy Mr dutta extended the tenancy for 3years more. At the end of 3years Mr roy didnot vacate the tenanted premises. Mr dutta needs the tenanted premises fot the requirement of his family and as such wrote a letter to Mr roy under section 6(4)of WBPTACT 1997 on jan 17th,2016 asking him to quit and vacate the premises from march 01,2016 but Mr roy has not complied with it. advice Mr dutta and Mr roy.
please help me to solve this problem...........................
1 Answer from Attorneys
1) Issue evacuation suit and FIR against him as unauthorised trespasser.
2) Five months already lapsed after issue of the notice. Why delay?
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