I want to evict a tenant from my property in Kolkata who has not paid rent for six months, what is the legal procedure?
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Below is a comprehensive legal analysis based on Indian law for your question.
Eviction of a tenant is governed by the rent control law applicable in the state where the property is situated. In Kolkata, you must file an eviction petition before the Rent Controller or the competent court under West Bengal Premises Tenancy Act 1997. The Calcutta High Court has held that non-payment of rent is a valid ground for eviction if the statutory notice is served. You must serve a notice to quit on the tenant giving reasonable time to pay the arrears or vacate the premises. If the tenant fails to comply, you can file the eviction petition with the court. The court will issue notice to the tenant and afford an opportunity to contest. If the court is satisfied that the ground is made out, it will pass an order of eviction. You may also claim arrears of rent and damages for use and occupation.
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