Eviction of Tenant

Things would have been difficult for the Property Owners if our Judiciary restricts itself with only the Legal Interpretation of Rent Control Act. Thankfully another facet of Judiciary is to allow its access and apply modern day changes per requirement of Socio-Legal environment. I recently was rung up by a person, caught in a situation where he had rented his commecial property to tenant long back, and is fighting back his case for years in the Court of law for eviction of tenant. He posted his query as follows:



---Quote---

I took your email address from the forum of the Indian Kanoon on rent control.I want your help desperately as the law as per the act is confusing me.The brief details are:I am a retired Army Officer, retired many years ago.I want to initiate eviction proceedings, on my tenant occupyingcommercial premises, under DRC act 14B (1) but here the language is soconfusing that I am not sure if I am entitled to file a case underthis or not.Main doubt regarding the clause of one year restriction (for whom ).The change in the rent control for commercial properties has beenallowed only since 2008, then how does one interpret it, if at all.Please give me some firm ground to stand on

--Unquote---



Now the main doubt which arises with a Layman is in regard to Safeguard of Law with the Tenants. It would be pertinent here to mention that "Law provides equal rights to both Owner and Tenant", since Law has to be administered and justice delievered.



Hon'ble Supreme Court's in its verdict in Satyawati Sharma vs Union Of India had brought forth ruling in favour of owners and had stated that proceedings u/s 14(1)(e) is equally applicable to Commercial premises.



Thus owners have a reason to cheer and now eviction proceedings can be intitiated u/s 14(1)(e) DRCA for Commercial premises as well, just the owners have to satisfy the Hon'ble court that the premises are required for bonafide personal usage or usage of his/her immediate family members. Further an application u/s 25(B) before the Rent Controller can be filed for speedy disposal of cases.



Happy trial.



Vandana Kandari

(The opinion expressed by Consultant is purely advisory and it recommended that an Advocate be consulted to handle the technical aspect of a legal case)