Eviction of Tenant
Amit
(Querist) 15 February 2011
This query is : Resolved
Landlord has filed a suit(under Maharashtra Rent Control Act)against tenant for revocery of vacant and peaceful possession in respect of the suit tenement on the ground that landlord/plantiff require the suit tenement for his own use and occupation and for want of sufficient premises he is not in a position to perform his son's marriage.
Which are the decided cases on which the landlord can have recourse for taking possession from tenant?
Are there any decided caseswhich have been decided in favour of landlord by the court?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 February 2011
The law is in favor of tenants , just because proper care is not taken from initial stages and hence tenants may face problems. Following are important situations and if proper care is taken landlord or tenant can benefit from it.
1) Tenant should pay rents regularly and demand rent receipts. If landlord does not accept rent or do not give rent receipts tenant can apply to the court for deposit of the rent in the court.
2) Land lords can not increase rent , tenants will get protection from court by filing suit for fixation of standard rent by the tenant.
3) If there is no lease agreement or it is not registered the harm will be more to landlord than the tenant.
4) It is a myth that eleven months leave and license agreements can be renewed again and again. It is not legal. The damage / harm will be more to landlord than tenant.
5) Landlords can seek possession for i) default for rent payment ii) sub tenancy without permission and major structural changes in premises without legal permission. Tenants by taking proper precautions can avoid these traps.
6) Landlords seek possession for personal needs but they have to prove that landlord will have more difficulties than the tenant than only eviction is possible on this ground., otherwise not.
The landlord can not evict any tenant by force , he must get an order from the court for eviction.
7) The landlords and their advocates as a rule make mistakes in over confidence , only expert legal advice can help tenant to take its benefit and the landlords to avoid it.
8) You must take assistance from hard working and expert legal person since the beginning. Once the initial steps are lost no body can help you. Most of the landlords and tenants just do the reverse . They take advice from immature persons in the beginning and run to experts at later stages when things go out of control so nothing can be done .
9) It is a myth that law and courts are in favor of landlords. Read any Judgment in favor of landlord even up to SC and you will find that the tenant lost because he / she or their advocate did not take proper steps at initial stages.
