Grounds For Eviction of Tenant
Grounds For Eviction of Tenant
Grounds For Eviction of Tenant
eviction of
tenant
S. 20-24
1949 1995
• Notice of demand - optional • Notice of demand –
• Time for default- any month Mandatory
till last day of month next • Time: 3 months
following that for which rent • Payment at first hearing- not
is payable valid
• Payment at first hearing= • Rate of interest= 15%
valid = petition infructuous
• Rate of interest= 6%
– Kranti Swaroop Machine Tools Pvt Ltd v Kanta Bai Asawa, 1994 (1) RCR 399 SC
– Case under AP law
– Tenant Rs 10000 as advance/security
– M/S Roxy Enterprises v Mrs Aruna Raina , 1993(2) RCR 626 Del
– Eviction sought on the ground of non-payment of rent
– Held, as long as the arrears of rent are less than the security deposit, the tenant is not
liable for eviction on account of non-payment of rent.
• the change of user has to be viewed from the angle that the
aforesaid user would not cause any mischief or detriment or
impairment of the shop in question. Thus, the test of find out is, as to
whether there was any change of user or not and as to whether the
aforesaid change of user had led to any mischief or impairment of
the shop or detriment of the same in any manner.
• Tenants contested the petition on the ground that right from the
inception of tenancy, the shops are being used for the purpose of
godown and workshop respectively and, therefore, they were not
liable to be ejected.
1. That the premises or any part have become unsafe or unfit for
human habitation
• If the landlord fails to commence the work of repairs or building or re-building within
three months of the specified date (S. 30(3))
– the Rent Authority may, on an application made to him
– by the tenant,
– within subsequent three months
– order the landlord to place the tenant in occupation of the premises on the same terms and
conditions and to pay to the tenant such compensation as the Rent Authority thinks fit.
• However under 1949 law, divergent views but in Shadi Singh v Rakha, 1992(1)RCJ
502(SC): held that when a tenant has been evicted on the ground that the building has
become unfit or unsafe for human habitation the landlord is obliged to reinduct the
tenant. But it was not followed subsequently see Wazir chand v Swarankar Sabha, 1990
(1) RCR 483 SC
d e f
unsafe or unfit –not unsafe or unfit –not
Unsafe and unfit
required required
• The appellant had taken on lease a room from the respondent for running a
dry-cleaning shop. The appellant later put up a parchhati in the shop for
storing clothes. The respondent-landlord sought eviction of the tenant under
section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949 on the
ground that the construction of the parchhati was an act causing material
impairment to the building.
• Both the Rent Controller and the Appellate Authority upheld the contention
of the respondent. The High Court, in revision, affirmed their findings.
• Provided that where the landlord has acquired the premises by transfer no
application for the recovery of possession of such premises shall lie under this
clause unless a period of three years elapsed from the date of the
acquisition:
• Provided further that where an order for the recovery of possession of any
premises is made on the ground specified in this clause, the landlord shall be
entitled to obtain possession thereof on the expiration of a period of three
months from the date of passing of eviction order.
• Explanation.- 1. For the purposes of this clause, where the landlord in his
application supported by an affidavit submits that the premises are required
by him for occupation for himself or for any member of his family dependent
on him, the Rent Authority shall presume that the premises are so required.
S. 22 S. 23 S. 24 S. 32