Delayed execution

A temporary garage of our house was rented by one Mr X till 1989. Later on, he removed his car from the garage. After that, he parked another car there without our prior permission. He agreed to take that car away in a few days? time. Soon we realised that he had no intention of keeping his word. We approached the local police several times but in vain. In 1995, the new officer-in-charge of the local police station asked Mr X to show the documents of the vehicle in question. He refused to oblige, arguing that he would show the papers to the motor vehicles department only. In November that year, a legal notice was issued to Mr X asking him to vacate the garage. After that, we filed an eviction suit before the Alipore Civil Judges (Junior Division) Court. Not surprisingly, he refused to accept the summon and skipped the hearing. Finally, on November 14, 2003, the judge decreed ex-parte. Three months later, we filed a petition for execution of the order. The opposite party filed a counter-petition saying that that it had no knowledge of the progress of the case as there was a communication gap between the party and its lawyer. This was followed by more petitions filed by the opposite party. As a result of all this, the execution of the order is getting delayed and further delayed. We have already changed our lawyers thrice but have not achieved any positive outcome. The vehicle in question has become scrap and the garage a breeding ground for rodents. In the meantime, the municipal corporation has issued us a notice due to the filth that has accumulated there. It has stated that the garage has become unhygienic. We have conveyed the matter to Mr X. However, he has not bothered to respond at all. What can we do now?

Saumya Dutta,
Address withheld

The expert: In November 1995, you had served a legal notice on Mr X. But before I can advise you I need to know how he has been described in the notice ? tenant or illegal occupant of the garage. It is not fair on my part to comment on the lawyers you had consulted. But if you think you have any grievance against them, you can file an application before the Bar Council of the respective state.

In order to speed up the process of justice, you can make an application under Section 151 of the Code of Civil Procedure praying for an early disposal on the long-pending case. You can also move the high court under Article 227 of the Constitution and pray for appropriate direction. You may file an application under Section 133 of the Code of Criminal Procedure for removal of the unhygienic conditions thus created (as evident from the municipal corporation notice). Such application should be filed before the appropriate court of magistrate of your territorial jurisdiction.

Fair amount

Our landlady has issued a letter (dated April 12, 2004) through her lawyer, asking me to pay an enhanced rent as per the amended West Bengal Premises Tenancy Act. The area of the flat is more than 75 square metres and the rent as on July 1, 1976, was Rs 300. I have been depositing the rent with the controller since April 1987 as she had refused to accept it. She had also filed an eviction notice against us but stopped pursuing the case. Her lawyer calculated the corporation tax payable in the following manner:

Rent per month during first year:

Old rent Rs 300 + 100 % increase : Rs 600

Less 10%: Rs 60

Taxable value (TV): Rs 540

Corporation tax [40% of TV (AV of premises> 18,000)]: Rs 216

Howrah Bridge tax (0.5% of TV): Rs 3

Water tax (proportionate): Rs 25

Corporation tax payable by me: Rs 244

Total rent Rs 600 + Rs 244: Rs 844 per month for the first year

My queries:

a) Should I stop paying the old rent of Rs 300 to the rent controller and start paying her in cash?

b) Do I have to pay the entire amount of corporation tax as my landlady demands or should she and I pay it half and half?

D.K. Sinha,
44, Baithakkhana Road,
Calcutta 700009

The expert: Since April 1987 you have been depositing the rent with the rent controller. It is presumed that you have already been advised by some advocate who acted on your behalf till 1992 and knows the exact facts. However, your rent will be increased as per Section 17(3) and following Schedule II of the West Bengal Premises Tenancy Act. As per Section 5, Sub-sections 7 and 8, you are to pay charges relating to maintenance at the rate of 10 per cent of the fair rent and your share of municipal tax as occupier for the floor area you are occupying as a tenant.

Answers to your queries are:

a) In case you want to avoid any legal complication you should pay her rent directly against a proper receipt from her.

b) Your share of municipal tax will be calculated in accordance with the provisions of the Calcutta Municipal Corporation Act. ?Occupier? has been defined in Clause 60 of Section 2 of the Act.

Onus on landlord

We are residents here for more than 40 years, paying rent at the rent controller?s office. The landlord does not stay in the premises but some strangers do who regularly steal the structural material of the building. There are a lot of trees on the roof of the building which the landlord has not cut, thereby further affecting the structure. What action can we take to stop the theft or cut down the trees?

Subha Agam & Bhawani Prasad,
Calcutta 700025

The expert: Sub-section 2 of Section 4 of the West Bengal Premises Tenancy Act states that every landlord is bound to keep the premises in good condition. Section 35 and 36 of the Act provides for essential repairs. You are to serve notice upon the landlord for repair and maintenance. If he fails to make them you may apply to the controller who, after hearing, shall direct the landlord to make the repairs. If the landlord does not agree the controller shall permit you to repair at your cost and the amount deducted from the monthly rent.

‘A tenant can apply for a meter’

My grandfather had rented out eight rooms of our premises to eight different tenants ages ago. These tenants have all retired to their native places. Now, their children occupy these rooms. We would now like to construct a building on these premises, but the tenants? children are in no mood to vacate the rooms. We would like to sort out this matter as smoothly as possible. In this context, I would like to mention that the rent bills are still issued in the original tenants? names.

Also, can a tenant obtain a new electric connection without the permission of the landlord? At the moment, they are using our meter and we want to discontinue their power supply.

Amit Singh,
Address withheld

The expert: You should engage the services of an advocate and issue a legal notice to the tenants stating therein that the premises are required for the purpose of building/ rebuilding. The notice should give them a specified date by which they should vacate the occupied area. If they do not oblige, make an application before the rent controller as per the format given under Section 6 (1) (c) of the West Bengal Premises Tenancy Act praying for eviction. But under the Section 11 (2) of the Act, the tenant may apply to the controller for restoration of tenancy on the completion of building or rebuilding of your premises.

A tenant can always apply for and obtain an electric meter in his name even without the permission of the landlord