What Recourse Do Indian Renters Have Against Their Landlords’ Notice of Eviction?
Notice of Eviction : In India, eviction notices are serve to tenants by landlords under state-specific legislation when they don’t fulfill their legal obligations. These include not paying your rent, damaging someone else’s property, breaking the terms of your rental agreement, etc.
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However, because Indian rental rules guarantee renters the right to peaceful possession and protection from wrongful eviction, no landlord is allow to deliver an eviction notice to a tenant at random. If an attempt is being made to evict a tenant without a good reason, the tenant may defend themselves using a number of strategies.
Relief under the Specific Relief Act’s Section 5
According to established legal doctrine, an unjustly evicted party may file a lawsuit and pursue remedies under the Special Relief Act since it constitutes a breach of contract.
A person entitled to possession of specific immovable property may reclaim it in accordance with the Code of Civil Procedure, 1908, according to Section 5 of the Specific Relief Act. This section’s main idea is that the owner of the “better title” is entitled to possession. The title could refer to possession or ownership.
As per Section 6 of the Specific Relief Act, “Any person who is dispossess of immovable property without their consent and it is not through due course of law, he or any person claiming through him or through whom he has been in possession, may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.”
But in order to prevail in his case, the renter must demonstrate that:
- He is the owner of the contested property.
- Without getting his permission or following the proper legal procedures, he had been evict.
- Six months after the lawsuit date, the property was repossess.
“This is because the very purpose of these rent controllers and tribunals was to protect tenants’ interests against landlords and their abuses,” attorney Prabhanshu Mishra of Lucknow explained.
“In civil court, the case may proceed in any direction and necessitate protracted litigation. However, you stand a stronger chance of receiving prompt relief from the rent controller if your case is well-found, Mishra continue.
From a legal perspective
Rent due plus a court fee is what the landlord must pay in an eviction lawsuit: HC
When filing an eviction complaint to remove a tenant, landlords must pay a court fee based on the rents payable rather than the security deposit, the Karnataka High Court has said.
This is due to the landlord’s legal need that the security deposit be return to the renter when they vacate the property.
Judge MI Arun, sitting alone on the bench, ruled on a civil revision petition, ruling that in a suit filed by the landlord to evict the tenant, he must pay a court fee on the rent due and cannot deduct the security deposit—the advance money paid that the landlord must return to the tenant when the tenant vacates the property. Whether he refers to it as a security deposit, advance, or premium is irrelevant
If the landlord truly requires the renter to leave the property, he may do so: Mumbai HC
The Bombay High Court (HC) has decided that a landlord may request that a tenant leave his property if he needs the rented space for a legitimate purpose. The HC upheld an eviction decree, ruling that landlords are the best arbiters of their residential standards and that tenants have no right to demand that the former “adjust” in order for his tenancy to continue.
“There is absolutely no evidence on file to demonstrate that the Plaintiffs’ need is not real or legitimate, aside from a bare denial of the landlord’s claim that the premises are necessary for their reasonable and bona fide use and the claim that the landlords have more than sufficient premises. The landlords are part of a huge family that numbers over eleven persons. Their offspring are now adults. “These mature children ought to have sufficient room and seclusion to dedicate their time to their studies, free from any disruptions,” the High Court stated in its ruling in the others case.
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