Tenancy and landlord–tenant disputes
A tenancy is a right to occupy someone else’s property for a period, in return for rent. A tenancy dispute is about the terms of that right — how much rent is payable, whether the tenancy still subsists, who may occupy the premises, and on what grounds the occupier can be required to leave.
In Kolkata a great many tenancies are old, informal and inherited. The written agreement, if there ever was one, has often been lost; rent has been paid in cash or into a court deposit for decades; the original tenant has died and the family has continued; part of the premises has been let out again or put to a different use. The law that governs such a tenancy depends on when it began and on the statute in force, and the first task is usually to establish what the tenancy actually is before arguing about it.
From a landlord’s side the questions are typically arrears of rent, occupation continuing after the tenancy has been determined, unlawful sub-letting or transfer, use of the premises for a purpose other than the one let, damage to or unauthorised alteration of the structure, or a genuine requirement of the premises for the landlord’s own occupation. From a tenant’s side they are refusal to accept rent, denial that a tenancy exists at all, interference with essential supplies or access, an unwarranted threat of eviction, or the landlord’s failure to carry out repairs the law requires.
Whichever side a party is on, the record decides the matter: rent receipts, counterfoils, court deposits, the notice determining the tenancy and how it was served, municipal records showing who occupies what, and evidence of the use to which the premises are actually put. A notice that is defective, or a deposit that was not maintained, can decide a case that would otherwise turn on the merits.
Advocates at the chambers handle tenancy matters for landlords and for tenants, including notices, suits for eviction and for arrears, defence of eviction proceedings, applications about deposit of rent, and appeals. Matters are conducted in the courts at Kolkata that exercise this jurisdiction.
What this area covers
- Suits for eviction and for recovery of arrears of rent
- Defence of eviction proceedings by tenants
- Determination of tenancy and service of notice to quit
- Disputes about unlawful sub-letting, transfer and change of use
- Deposit of rent and disputes about refusal of rent
- Interference with access, essential supplies and repairs
- Succession to a tenancy on the death of a tenant
- Appeals arising from tenancy decrees and orders
The advocates who handle these matters
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Bimlesh Kumar Jain
In practice for over fifty years, in civil matters including property and matrimonial law.
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Aditya Kumar Jain
In practice for over ten years, with a focus on property law, working with a team of associates.