ABSTRACT
The Legal eviction of tenants had always been of great concern. Earlier, the landlord misused their powers and acquire accustomed illegally to evict the tenants from their premises. But from the previous couple of decades, the tenants were given some specific protection against Eviction. India has approximately more than 40% of its total municipal population are living as tenants. Despite all the comfort and simple living as tenants, there is always a continuous fear to them of getting an inexcusable eviction notice from their landlord. With changing times, there are quite a number of cases where the landlord has filed an eviction notice on fabricated grounds and inconveniently disturbed the tenants. Regarding this, the State Government has passed certain grounds that authorize the landlord to evict the tenant from the lent premises and all the other grounds remain considered invalid or inadequate for eviction.
REMEDIES AGAINST THE EVICTION OF TENANT
The landlord may forcefully evict the tenant by withdrawing the availability of essentials. While living as a tenant will be really comfortable, there are times when a person can face rental issues and other problems related to this like getting an unwarranted eviction notice. However, the Indian Laws have several provisions to protect the rights of a tenant. Whenever such circumstances will arise then the tenant has the right provided by the Rent Control Act to go to the court for relief and refurbishment of such basic amenities. The court sees into the matter and is to judge and pass an order only after looking into the real requirement of the landlord for his own use or occupation.
Almost every states of the country have similar provisions and have given similar rights to the tenants against illegal eviction. The Rent Control Act is governed by state laws. The state has the right to enact section and sub-section of the Act that regulates the different grounds for the protection of the tenant. It allows the tenants to stand for their legally delegated right of protection if in case the landlords use force or any specious grounds to evict them from their rented premises. As per the guidelines laid down by the Hon’ble Apex Court, the landlord cannot force the tenant for the eviction for at least 5 years from the date when the premise has given to the tenant on rent, if the tenant has paid his rent and fulfills all the other obligations as per prescribed in the rent contract.
A tenant has many rights provided under the Rent Control Act in every State. All those rights contain a remedy. Thus, there are many remedies available to the tenants so that they will be able to protect themselves from unlawful eviction by the landlord. The most important remedy which is available to a tenant is their tendency right. A tenant must undergo the provisions of the State Rent Control Act and understand all the grounds mentioned in the Act. If the landlord without giving an appropriate notice which is mentioned in the rent agreement, coerces the tenant to leave the premise then the tenant has right to go to the court and can file a civil suit and seeks the order for the injunction.
If the landlord will evict any tenant on any other ground which is not mentioned in the Act then in that case, the tenant has the right to take the aid of the law to prevent the said eviction. If in case the landlord evicts a tenant and sends notice of eviction on the false ground then the tenant has right to take legal action as per prescribed in the Rent Control Act. For this, the tenants have to go to the Rent Controller and give the brief of the eviction notice sent by the landlord. Then after that, the court proceedings will begin. The tenant has to be present with a reason in support of the requisite evidence to prove the false ground when the court summons the tenant.
Some points which will be convenient while the accumulation of the evidence:
(a) Notice to receive rent: In case the landlord fails to collect the money deposited by the tenant then he must have to issue a notice in writing asking the landlord to specify the deposit and the landlord has to send the details within 10 days of receipt of the notice.
(b) Money order: If in case the landlord doesn’t reply to the notice then the tenant can make payment through money order and has to keep the coupon of money order as ana evidence of payment.
(c) Petition in court: If the landlord refuses to accept the money order then, in that case, the tenant has to file a petition to the court and receive the court order for future deposit in the way that the court may prescribe.
In the case of M/s Alagu Pharmacy & Ors. V. N. Magudeswari, the Two-Judge Bench of Supreme Court laid down that the eviction of the tenant cannot be ordered if the ground seeking the eviction is not made as per the terms of the rent agreement, even if the parties had entered into a compromise. The SC also referred to the provision of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.
REFERENCES
- http://www.legalservicesindia.com
- http://www.helplinelaw.com
- https://lawrato.com
- http://timesofindia.indiatimes.com
- https://www.myadvo.in
- https://www.thehindu.com
- https://indiankanoon.org
This article has been written by Nikita Kumari, 4th-year B.A. LL.B. (H.) at Galgotias University
Also Read – Rights of Tenants in India
