A.
Dear Client,
In the given scenario, you have the following legal remedies to resolve the issues. 1) A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act or the Premises Tenancy Act (here West Bengal Premises Tenancy Act, 1997) under which a Rent Controller or Dy/Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. Serving a legal notice to the errant and unruly tenant, you can file an application explaining your grievance against the arbitrary and unethical action of the Landlord before the concerned Rent Controller to resolve the issue legally and amicably. 2) You can file an eviction suit against your tenant before the competent Civil Court seeking an order of eviction and injunction and compensation in the form of 'mesne profit'. 3) You can file a criminal suit against your tenant in the competent Court of the Magistrate under Section 441 of the Indian Penal Code (now Section 329 of Bharatiya Naya Sahitya(BNS) for illegal encroachment and criminal trespass. In the context, be informed that the Hon’ble Supreme Court relied upon the precedence laid down in Brij Narayan Shukla (D) through LRs. Vs. Sudesh Kumar alias Suresh Kumar (D) through LRs. and Ors (2024) 2 SCC 590., in addressing whether tenants of the original owner could claim adverse possession against a transferee of the landlord, the Court ruled that tenants or lessees cannot assert adverse possession against their landlord or lessor as their possession is inherently permissive, stemming from their tenancy agreement. The Apex Court also held that if the tenant continues to remain in the rented premises even after the tenancy rights are extinguished, then the landlord would be entitled to receive compensation in the form of 'mesne profit' from the tenant. So, given the provision of relevant laws applicable on the subject and the averment of the Apex Court, you may hire an experienced Advocate to navigate the issues in the right way.
Posted On 11-Mar-2025
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