Can a tenant be evicted by court even if he doesnt want to?

Sir,

"the landlord is facing a domestic voilence case, the wife wants to live in the house which is given on rent, both the landlord and the tenant dont want the house to be vacated, the rent is being paid regularly."

Whether the tenancy agreement was entered into and registered before the case against the husband was lodged? If the tenancy agreement was registered much before the lodging of the case in the family court, and if the agreement gives sufficient protection to the tenant according to the prevailing laws of the State in that case the court would not order the tenant to vacate

"can a tenant be evicted by court, even if there is a registered agreement between the landlord and tenant?"

The Judiciary can only iterpret and has to follow the Law to the letter, it can not overrule or override the Laws. If the tenant is legally proected by the prevailiing Laws and Rules, then the Court can not and will not pass an order to vacate.

Good Luck,

Kishor Mehta

no it is not possible. but the wife can seek her residence right from the husband but not at the cost of tenant. Why cannot the wife live at the husband residence she has all right to live at the husbands residence. 

thank you all for your kind and valuable advise...apprciate your help

The tenant is protected by tenancy rights moreover he has not violated the terms and conditions that may attract eviction nor the landlord has issued a notice to vacate based on th rental agreement, therefore the tenant can very well stay in the tenanted premises till the expiry of the rental agreement period. The wife of the landlord can seek relief from her husband only and not from the tenant, she cannot approach the court to evict the tenant from the rented house on such grounds which is illegal.

@T kalaiselvan...good and detailed advise to the author. nothing can be added more

It is the headache of the husband and the wife and the legalised tenant can't be made a party to the case. As it is a registered rental agreement  the landlord or his wife cannot force him to vacate.She has to adjust in the  husband's portion or find an alternate accommodation till the house is vacated by the tenant on his own. Or if desired and acceptable by the wife the husband can provide her an alternate house.

@sainath.....thank you for your reply, just wanted to know, can the court order the tenant to leave so that the wife can accomodate in that house.....or

can the court order the husband to serve notice to the tenant to leave so that the wife can accomodate the house...............

can these two scenarios take place if the huband and the tenant refuse to vacate the house....

thanks

To avoid litigations arising out of landlord-tenant disputes, the Supreme Court last year passed a judgement that a landlord cannot evict a tenant for at least five years, if the tenant has paid the rent regularly according to the agreement between the two parties. However, the owner can evict a tenant if he wants to use the premise himself.There has to be a valid reason if the landlord wants to evict the tenant and use the house for himself. Eviction can be enforced if the tenant is found of any wrongdoing as prescribed by the Rent Control Act and Indian law.Usually, the tenant signs a rent agreement with the landlord to occupy the property for a period of 11 months, with an option for periodic renewal. Since the Rent Control Act (which is largely in favour of the tenants) only applies on for lease agreements of at least 12 months, establishing an 11-month agreement helps landlords to take a pre-emptive measure for eviction. It is because of this practice that the apex court has passed the order.

According to the given facts the Court cannot force a legal tenant to vacate his tenancy merely to  give accommodation of the wife of the Landlord who is in dispute in a matrimonial case. Indian Judges are not idiots.