Eviction of tenant
Nishant Singh
(Querist) 27 March 2012
This query is : Resolved
dear experts, my client was a tenant in a premises and a rent agreement was registered for two years. after expiry of the agreement the landlord insisted on increasing the rent @ 20% which, the tenant refused. the landlord refused to increase the tenancy period. but the tenant paid rent through cheaques for next two months. after the landlord stopped receiving rent through cheque, the rent was sent through money order which was also refused. then the landlord filed a suit for recovery of possession and the orders were in favour of the landlord. sir, my question is whether without giving any prior notice for termination of tenancy, is that order valid and good in law. the judge has given reference of a SC judgemnet- M/S Nopany Investments(P) Ltd. Vs. Santokh Singh (HUF)(supra), wherein it was held that "filing of an eviction suit under the general law itself is a notice to quit on tenant". kindly advise further remedy availabe. thanks and regards.
adv. rajeev ( rajoo )
(Expert) 27 March 2012
Here tenancy period is expired and there is extension of tenency period. Hence in my opinion notice is not necessary> Moreover judgement is already in favour of the landlord so it is not necessary think about the notice.
barun deka
(Expert) 27 March 2012
when tenancy is governed by the special state tenancy acts in urban areas not the TP Act, as is held by the apex court, notice is a merely surplusage and hence not necessary.
Dhanpal Chettiar -vs- Yesodai Amnal AIR 1979 SC 1745 (7 judges bench)
Raj Kumar Makkad
(Expert) 27 March 2012
You have got no remedy but to avail some more time to evict the shop by filing an appeal against the order of the rent controller.
H. S. Thukral
(Expert) 27 March 2012
No notice is required if the lease expires its duration and the landlord refuses to extend it. The citation mentioned by Sh. barun deka is under different circumstances. A notice is not required if the eviction under the rent control act is sought for bonafide need etc. but there too if the eviction is sought for default on rent, notice shall be required.
barun deka
(Expert) 04 April 2012
Mr. Thukral and Mr. Goyal please go through the decision. There is no exception carved out for eviction sought on the ground of default. The requirement of notice under 106 and 111(g) is said to be not applicable in case of state rent acts in the decision referred above. And 111(g) i.e. forfeiture well includes default of rent.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 April 2012
It depends in which state the case belongs since many state acts provide mendatory notice. Only when the state rent act do not provide for notice than only notice is not essential.
How ever in your case there is only plus point that the rent was accepted by the landlord after expiry of lease . Contest on this point in appeal.
