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land lord forcing to leave.

Discussion Forum of WBXPRESS › Forums › Grievance › land lord forcing to leave.

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  • June 17, 2012 at 3:50 pm #67587
    unknown
    Participant

    one of my brother used to live in a single room in rental for about two year at shyambazar,kolkata. He paid rental every month at time, never show any objection to land lord.He is taking coaching class for job.But suddenly in last week land lord ask him to leave the house within 1 month!
    so plz help me to know how i can help my brother at this situation or whether there is any rule or way to prevent this.plz help.

    June 23, 2012 at 1:52 pm #72910
    unknown
    Participant

    First ascertain whether your brother used to get any rent receipt as a tenant or not? If not then what was his status there as a resident? Was he a licensee for 11 months? In whose name the electricity bill comes? He has to prove his bonafide first and legal rights to stay there, then the correct suggestion can be given. In any case ask him first to get an order against the land lord under section 144 Code of Criminal Procedure so that there is no breach of peace at the place at the instance of land lord. But do it only when the land lord is too hostile. Do not move to the court of law prematurely against the land lord otherwise it will aggravate the situation as a prestige issue and a lot of money will be spent by both the parties. If there is really a threat of forcible eviction then you will have to obtain civil injunction from the respective court. There is also an alternative. Weigh both the sides. If you can pacify the land lord by increasing rent then do it because litigation will snatch your peace of mind and money both.

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