An eviction suit in Kolkata is filed before the civil court having jurisdiction over the premises, after the tenancy has been validly terminated and a proper notice has been served. For premises governed by the West Bengal Premises Tenancy Act, 1997, the landlord must sue on one of the grounds the Act recognises — such as non-payment of rent, subletting without consent, damage or misuse, or the landlord's genuine requirement of the premises — not merely because the landlord wishes the tenant to leave.
Who can sue, and where
Only the landlord, or the person entitled to receive the rent, can sue for eviction of a tenant. The suit lies before the court of competent pecuniary jurisdiction for the locality where the premises are situated. For premises in Kolkata the City Civil Court at Calcutta generally hears such suits, while smaller claims may go before a court of the Civil Judge; which court is correct depends on the value of the relief claimed and the nature of the premises. Filing before the wrong court leads to a return of the plaint and lost time.
What you should have before you file
- The tenancy agreement, or evidence of the tenancy terms where it was oral.
- Proof of the rent agreed and of the last rent paid, with rent receipts or bank records.
- The notice terminating the tenancy, with proof of service — the postal receipt, the acknowledgement card, or the record of the courier or email.
- Evidence of the ground relied on: arrears ledgers for non-payment, photographs or complaints for damage or misuse, subletting evidence, or proof of the landlord's requirement.
- The title documents or the record showing the landlord's right to receive rent.
- Municipal and property tax records, and utility bills, where relevant.
- The plaint, drafted to plead the ground clearly and to state the relief claimed.
Steps in order
- Confirm the nature of the tenancy and the period for which it was created, because that decides the notice required.
- Identify the ground for eviction and gather the evidence for it.
- Serve a notice terminating the tenancy under section 106 of the Transfer of Property Act, 1882. The period of notice is prescribed by that section, and where the tenancy agreement fixes a longer period, that longer period must be given.
- Stop treating the tenancy as continuing. Accepting rent after the notice can, depending on the ground, amount to a waiver and can undercut the case, so rent should not be accepted on the old footing without advice.
- Allow the notice period to expire and confirm that the tenant has not vacated.
- Draft the plaint, pleading the ground, the notice and the relief, and compute the court fee. Court fees in West Bengal are prescribed by the Court Fees Act as in force in West Bengal, and the amount depends on the value of the relief claimed; the current rate should be checked against the schedule before filing.
- File the suit and take out summons on the tenant.
- At the hearing, respond to any application by the tenant for protection against eviction, which under the tenancy law may involve deposit of arrears.
- Proceed to evidence, and to a decree for eviction and, where claimed, for arrears of rent and mesne profits.
- If the tenant does not vacate, execute the decree and take possession through the court.
Notice and time limits
A tenancy is not automatically at an end when the landlord wants it to end. The tenancy has to be determined by a valid notice to quit, and the notice must give the period the law prescribes, must be addressed correctly and must be served in a way that can be proved. Where the tenancy is for a fixed term, it determines on the expiry of the term, and a notice is needed only where the tenancy continues by holding over. Filing beyond the period allowed by the Limitation Act, 1963 can make the suit time-barred, so the date of the notice and the date of the cause of action should be worked out before the plaint is drafted.
Common mistakes that lose eviction suits
- A defective notice — too short a period, the wrong name, the wrong premises, or a notice that does not actually terminate the tenancy.
- Accepting rent after the notice, which can be treated as a waiver of the ground relied on.
- Pleading one ground in the notice and suing on a different one.
- Not proving the landlord-tenant relationship. Ownership alone does not enable a suit for eviction on tenancy grounds where the person in possession is a tenant of someone else.
- Filing before the wrong court, or miscomputing the court fee.
- Suing before the notice period has expired.
- Delay that runs into the limitation period.
Frequently asked questions
Do I need a registered lease to evict a tenant?
No. A tenancy can be oral or written, and a monthly tenancy need not be registered. What matters is that the tenancy existed on terms that can be proved, and that it was terminated by a valid notice. A registered lease, where there is one, makes the terms much easier to establish.
Can I lock the premises or cut off water and electricity to get the tenant out?
No. A landlord cannot take back possession by force or by cutting off essential services. Eviction must be by a decree of the court, and taking the law into one's own hands can expose the landlord to a criminal complaint and to a claim for damages.
How long does an eviction suit take?
That depends on whether the tenant contests, on the number of witnesses, and on whether interim applications or appeals follow. No honest estimate can be given before the pleadings are seen, and the brief in a contested matter is very different from an uncontested one.
What does it cost to file and run an eviction suit?
Charging depends on whether the tenant contests, the number of hearings and applications, and whether the matter goes to appeal. Court fees, stamp duty and the process server's charges are statutory or office payments and are not part of the advocate's fee. Our published consultation and appearance fees are set out on our pricing page, and a stage-wise fee can be quoted once the tenancy papers and the notice are read. See our eviction and tenancy practice and our contact page; our eviction suits practice covers notice, suit, decree and execution.