Grounds for Eviction Under the WBPT Act
A landlord can seek eviction of a tenant only on the following grounds:
Default in Payment of Rent (Section 6(1)(a)): If the tenant fails to pay rent for two months (or more) within the prescribed time. However, the tenant can avoid eviction by depositing the arrears with interest and costs.
Subletting Without Consent (Section 6(1)(b)): If the tenant has sublet the premises without the landlord's written consent.
Bona Fide Requirement of the Landlord (Section 6(1)(c)): If the landlord reasonably requires the premises for their own occupation or for the occupation of a family member. The landlord must prove that they have no other reasonably suitable accommodation.
Building and Rebuilding (Section 6(1)(d)): If the premises are required for demolition and reconstruction that cannot be carried out without vacating.
Nuisance (Section 6(1)(e)): If the tenant has committed or permitted acts of nuisance or annoyance to neighbours.
Change of User (f): If the tenant has used the premises for a purpose other than that for which it was let, without the landlord's consent.
Damage to Premises (g): If the tenant has caused substantial damage to the premises.
Notice to Quit (h): If the tenant has given notice to vacate and later refuses to do so.
Eviction Procedure in Kolkata
Advocate Shaw follows a systematic approach to tenant eviction:
Notice to Quit: Before filing an eviction suit, the landlord must serve a notice to quit on the tenant, providing 15 days' notice (for monthly tenancies) or the agreed notice period. The notice must be in writing and clearly state the ground for eviction.
Filing the Eviction Suit: The suit is filed in the civil court (City Civil Court, Kolkata, or the court of the Civil Judge having jurisdiction). The plaint sets out the grounds for eviction with specific facts.
Interim Relief: If the tenant is causing damage or creating nuisance, the landlord can seek interim relief — an injunction restraining the tenant from causing further damage.
Trial: Both parties lead evidence. The landlord must prove the grounds for eviction.
Decree: If the court finds the grounds proved, it passes a decree of eviction.
Execution: If the tenant does not vacate voluntarily, the decree is executed through the court bailiff, who physically evicts the tenant.
Defending Tenants Against Eviction
Advocate Shaw vigorously defends tenants against wrongful eviction:
Challenging the Notice to Quit: The notice must be valid in form and substance. Defects in the notice — wrong address, insufficient notice period, vague grounds — can lead to dismissal.
Deposit of Arrears: If the ground is rent default, the tenant can deposit all arrears, interest, and costs at the first hearing and seek dismissal of the suit.
Challenging Bona Fide Requirement: The landlord must prove genuine need, not just a desire for higher rent. The tenant can show that the landlord has other accommodation or that the requirement is not genuine.
No Subletting: If the ground is subletting, the tenant can show that the person in occupation is a family member or licensee, not a sub-tenant.
Waiver of Breach: If the landlord accepted rent after the alleged breach, this may constitute waiver.
Rent Revision and Fair Rent
Under the WBPT Act, a landlord can apply for revision of rent after a stipulated period (typically 5 years for old tenancies). The Rent Controller determines fair rent based on the prevailing market rate.
Advocate Shaw assists landlords in filing applications for rent revision and represents tenants in opposing excessive rent increases. The process involves:
Filing an Application: Before the Rent Controller, with details of the premises, the existing rent, and the proposed fair rent.
Inspection: The Rent Controller may inspect the premises or appoint an engineer to report on its condition and value.
Determination: The Rent Controller passes an order fixing the fair rent.
Appeal: An appeal lies to the appellate authority (typically the District Judge).