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Pritam Gupta (Teacher)     26 June 2014

Regarding trust property

A Trust property has been leased out to a tenant by a trustee of the property via an unregistered  tenancy agreement/contract. As such by section 95 of The Indian Trust Act, 1882 such a tenant only "holds the property by virtue of the contract for the benefit of the trustee".

Now after the contract expires, is there any specific provision of law to evict this tenant besides usual State Tenancy  Law eviction criterion?

Also, if the tenant has now an expired contract, is a suit for eviction and recovery of possession appropriate for this tenant? 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     27 June 2014

Basically an unregistered tenancy agreement is not valid in law and cannot be enforced.  However, on the basis of oral tenancy or the unregistered agreement, on it expiry and no further renewal, the trust can issue notice for eviction under the state tenancy law itself and can initiate further legal action also in the same line.


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