Suit for Possession
Vijay Kumar
(Querist) 13 October 2009
This query is : Resolved
If a tenant has been forcibly dispossessed, can he claim the possession by way of civil suit for possession?
If yes, what is the limitation?
adv. rajeev ( rajoo )
(Expert) 14 October 2009
No he cannot claim the possession by way of civil suit for possession. If there is any agreement between the land lord and the tenent regarding the tenecy period and land lord is dispossessed the tenent within that period without giving the prior notice under transfer of property act then he can claim. But I am not sure about the suit if it is filed by the tenant.,
Adinath@Avinash Patil
(Expert) 14 October 2009
YES, HE CAN FILE CIVIL SUIT FOR POSSESSION IF HE IS TENANT AND NOT EXECUTED LIVE AND LICENCE AGREEMENT.AND PERIOD OF SAID AGREEMENT IS NOT OVER.
Sachin Bhatia
(Expert) 14 October 2009
If there is an agreement between the landlord and the tenant, and anything was not contrary to the terms & condition of that agreement then tenant can claim the possession by way of civil suit for possession.
Raj Kumar Makkad
(Expert) 14 October 2009
There is even no requirement of lease or agreement. If a tenant has forcefully been evicted from his tenancy, which he can easily prove, gives him a cause of action to file a suit for mandatory injunction rather for possession with interim relief to provide him possession of the evicted property. Such suit can be filed within 3 years of accrual of cause of action but courts in practice remain reluctant to provide interim possession if such suits are filed after months of eviction.
H. S. Thukral
(Expert) 14 October 2009
Disagreeing with the opinions given herein I am of the opinion that a tenant can file a suit for possession against the lanlord for repossession within 6 months from the date of dispossession under section 6 of the Specific Relief Act. No suit for possession againt the landlord shall lie beyond that period. A suit for possession under Civil procedure can lie beyond the limit of 6 months up to 12 years against a person only who does not have a better title than the one ejected. No suit shall lie against a lanlord beyond that limitation of 6 months. AIR 1968 SC 1168
niranjan
(Expert) 14 October 2009
Mr. Thukralsaheb's opinion is perfect. The suit for restoration of possession can be filed only with the condition that the tenant has to prove the previous relationship of LL and tenant.
