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The recent upheaval was caused in Mumbai from the outbreak of the news about the state government’s plan to incorporate its Model Rent Control Act, which was expected to weaken the protection of tenants from random hike in rent and unwarranted eviction.
Let’s take a look at how law can protect the tenants from this unwarranted and fake act of eviction by the landlord.
In addition to above, there are regional and state laws which govern rent and lease agreements, carefully drafted, mutually agreed and signed by both tenant as well as landlord. These State Acts also enable tenants to fight for their right of protection if landlord compels the tenant to evict him/her for any invalid reason/ground as not enumerated in the Act.
In general, such eviction cases in the court take longer settlement time and goes on for about 10-20 years.
In all the Rent Control Laws of the Indian states, there is a clear section that deals with protection of tenants against eviction and specifies the grounds that are legally sufficient for eviction. In fact, as per a judgment passed by the Supreme Court, a landlord cannot evict a tenant for a minimum period of 5 years if he/she has made the rent payment regularly and in accordance to the signed Rent agreement. He/she has the right to evict the tenant only if he/she genuinely needs his/her premises for his/her own use. The Landlord cannot misuse the law on false grounds to evict his/her tenants.
To name some, there is Section 14 of Delhi Rent Control Act, 1958 that protects the tenants residing in Delhi against eviction by the landlord on any ground other than specified in the said section. Similarly, the West Bengal premises tenancy Act, 1956 contains almost same grounds in its Section 6.
Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014
The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law
The Lok Sabha or the lower house of Parliament passed the 122nd Constitutional Amendment (GST) Bill, which was earlier modified and passed by the Rajya Sabha.