Legal Question in Landlord & Tenant Law in India

I had rented out an independent accommodation to a tenant two years ago but now it is almost an year that tenant has refused to vacate the accommodation on the grounds that he is unable find accommodation anywhere else. Since no rent deed or rental agreement has been entered into, he is taking undue advantage of the situation by refusing to move, however I have an affidavit duly signed by the tenant stating that he shall vacate the property on 31.3.2011. I would like to add here that no default has been made by him in rental payments. Kindly suggest as what should be the course of action now and does that affidavit holds any ground in court of law...Genuine advice is awaited..thanx


Asked on 4/02/11, 10:06 pm

1 Answer from Attorneys
Sunil Goel S.G. SOLICITORS

The affidavit would certainly help as it amounts to an undertaking by tenant to vacate by a particular date. I do not where the property is situated. Please check the law applicable in your state relasting to landlord-tenant. As far as Delhi is concerned, where rent is less than Rs.3500/- per month, the Delhi Rent control Act 1958 applies under which there are specific grounds on which tenant can be evicted and not otherwise. If the rent is more, then a suit for recovery of possession has to be filed against the tenant.

In your case, it appears that suit for possession would be best course (if there is no remedy under the law related to landlord-tenant). Alongwith possession, you may also demand damages (these are called 'mesne profits' in legal language) towards the profits which one could earn from said property during the period he occupied the same. I hope it answers your query.

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Answered on 4/07/11, 1:02 am


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