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Landlord and Tenant

Landlord same Tenant

I am a tenant of a shop room of readymade garment of Premises A ,my landlord have filed an ejectment suit against me.Now I have my own premises B just beside the premises A,now in premises B I am the landlord and in premises B where I filed an ejectment suit to a tenant due to subletting.Now my question is as a landlord if I win my premises B can I start my same ready made garments store just like I am doing in premises A as a tenant with the same store name? Is there any serious issue which I will face in premises A ejectment suit as a tenant?

( Kolkata, West Bengal )

1 month ago

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A.
Dear Client,
An ejectment/eviction suit related to premises A has no nexus with premises B, which you acquired at your own, and after winning the eviction suit, you can start your business from premises B, subject to an amendment in the statutory documents governing your business post-compliance with the order of the ejectment/eviction suit passed concerning Premises B.
S. K. Dutta Advocate S. K. Dutta
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A.
Dear Client,

As a tenant facing an ejectment suit for your readymade garment shop in Premises A, while simultaneously having acquired Premises B next door where you're the landlord and have initiated an ejectment suit against your own tenant for subletting, you generally have the right to open the same readymade garment store with the same name in Premises B if you win your suit there.

However, this move could significantly impact your defense in the ejectment suit for Premises A. Your landlord in Premises A might argue that their need for the premises is "bona fide" and your new, owned premises effectively provide you with suitable alternative accommodation for your business, potentially weakening any "hardship" defense you might raise.

Therefore, while legally permissible to establish your business in Premises B, it is crucial to consult with a lawyer specializing in landlord-tenant law in West Bengal to understand the specific grounds of your landlord's ejectment suit in Premises A and strategize how your actions with Premises B might influence the outcome of that case.
Gourab Das Advocate Gourab Das
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