Does the land­lord have the right to evict a ten­ant?

HT Estates - - HTESTATES -

The le­gal re­la­tion­ship be­tween the land­lord and the ten­ant is gov­erned by the con­tract of ten­ancy be­tween them. The Rent Con­trol Acts have been en­acted with the ob­jec­tives to (i) pro­tect the ten­ant from evic­tion from the rented prop­erty where he is liv­ing ex­cept for de­fined rea­sons and on de­fined con­di­tions; and (ii) pro­tect the ten­ant from hav­ing to pay more than a fair rent.

Once the ten­ancy comes to an end on ex­piry or early ter­mi­na­tion of the agree­ment, the ten­ant is bound to put the land­lord in pos­ses­sion of the prop­erty and the land­lord ac­quires the right to pos­ses­sion. How­ever, if the ten­ant con­tin­ues to stay on even af­ter the ex­piry or early ter­mi­na­tion of the agree­ment, the land­lord, even with the best of ti­tle, has no right to re­sume pos­ses­sion ex­tra-ju­di­cially by use of force. There­fore, un­der law, the pos­ses­sion of the prop­erty by un­law­ful and force­ful means is pro­hib­ited and the ten­ant can­not be dis­pos­sessed oth­er­wise than by due course of law.

The land­lord is en­ti­tled to ini­ti­ate le­gal pro­ceed­ings against the ten­ant with the com­pe­tent court seek­ing eject­ment of the ten­ant from the prop­erty on the grounds of (i) breach of terms and con­di­tion of ten­ancy, (ii) sub­let­ting of the prop­erty by the ten­ant, (iii) ma­te­rial de­te­ri­o­ra­tion of the con­di­tion of the build­ing, (iv) re­quire­ment of build­ing by the land­lord for own oc­cu­pa­tion, and (v) de­fault in pay­ment of rent by the ten­ant for the spec­i­fied pe­riod etc.

The Hon’ble Supreme Court has in Ram Prakash Sharma ver­sus Bul­bul Birla ( 2011) 6SCC 449 passed the gen­eral di­rec­tion that once the pe­ti­tion for evic­tion of ten­ant has been al­lowed by the court, the ten­ant is bound to va­cate the prop­erty within the stip­u­lated time or ex­tended time. How­ever, if the ten­ant com­mits breach of the evic­tion or­der and con­tin­ues to re­main in pos­ses­sion of the prop­erty, po­lice force can be used to ob­tain evic­tion of the ten­ant from the prop­erty. The writer is a se­nior as­so­ci­ate, Ti­tus & Co Ad­vo­cates

THINKSTOCK

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