Legal Question in Landlord & Tenant Law in India

Request for injection order on a property owned by me is filed b my tenant. In Indian court it's taking months for it to get result out of it. I want to know, what will happen if I forcefully vacate the tenet without waiting for court order, what will be consequences?? I have not give any written agreement or document for the tenant for possession of the property


Asked on 12/15/16, 7:45 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Whether or not you have a written agreement, a tenant has to be evicted under the state rent control laws. Each state has its own laws. Even if you successfully throw the tenant out with force, he has right to take back the possession within 6 months of such unlawful eviction. Your best bet is to have patience, contest the injunction. If you admit him to be a tenant, do not contest the injunction. Simply make a statement that you will not throw him out without following the due process of law. Simultaneously file the eviction petition on the grounds available under the state rent control laws.

While giving opinion, I have assumed that the property is under state rent laws. However if the tenancy is under Transfer of property act then you have to give him a notice of termination and then file the suit for ejectment.

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Answered on 12/29/16, 11:32 am


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