I would like to have your comments on the following legal matters: a) The original tenant was a lady who is married and has shifted from the rented premises. Her brother and his family is now residing in the premises. The rent receipt is still being issued in the name of the lady. The lady’s brother has died recently. Can we treat his family, who are now staying in the premises, as an illegal tenant? What action can the landlord take? b) The tenancy was in the name of an individual. The individual was carrying on a business in the name of a partnership firm where he was a partner from those premises without intimation to the landlord. There is a change in the partnership deed now and the business is now being carried on in the name of the partnership firm but the premises are being occupied by one of the other partners. Is the other partner a legal tenant?

Anil Todi, Calcutta

In the first instance, you may file a suit for eviction in accordance with Section 6 of the West Bengal Premises Tenancy Act. Where the tenant has sublet, assigned or otherwise parted with the possession of whole or any part of the premises without obtaining the consent of the landlord in writing, that may be ground for eviction as per Section 6 (A) of the Act.

In the second case tenancy was in the name of an individual. If the tenant has used the premises for a purpose other than for which it has been let out without obtaining consent in writing, it will be a good ground for eviction. Also, it appears that the individual, in whose name receipts are being issued, is not using the premises and is no more a partner of the firm that uses the premises at present. So there are good grounds for eviction.