Potpourri

Protection of Tenant Against Eviction

Consent in Writing
The tenant is entitled to protection from eviction if he can prove that for creating the sub- tenancy there was a written consent of the landlord. It excludes any other consent, namely, oral consent or implied consent. In Shalimar Tar Products Ltd. v. H.C. Sarma, the Supreme Court on construing the similar provision in section (14)(b) of the Delhi Rent Control Act, 1958 has held that consent must be in writing and there should be specific sub-letting. The Supreme Court has made it clear that it is necessary for the tenant to obtain consent in writing and it must be in respect of specific sub-letting.

Building and Rebuilding Cases – Duty of the Court
All that the landlord is called upon to show is that he is genuinely building and re-building and in doing so he reasonably requires eviction of the tenants. There is no law by which the court can direct the landlord to alter his plans or to allow the tenants to make alterations in the building. It has no right to direct the landlord to construct new structures and let it out to the tenants. All that the court is required to do is to satisfy its conscience that the proposed building and re-building is not a ruse to get rid of his existing tenants.

Requirement in Future
Where requirement was likely to arise in 1973, but the proceeding for eviction was filed in 1969 on the ground of requirement, the eviction proceeding was neither premature nor liable to be rejected as being too early. Existence of need on the date of application but in foreseeable future is sufficient.
It has been held by the High Court of Himachal Pradesh that a landlord can seek eviction of his tenant proving his need for accommodation in the foreseeable future
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Consent of the Landlord
When the tenancy was taken for residential purposes, the conversion of the premises to run a printing press from there amounts to change of user. It is contended by the tenant that there was consent of the landlord and as a proof of consent it is contended that the landlord had signed the vouchers prepared by the tenant from the letter head of the press to receive the rent and consequently the landlord waived the change of user or that it was let out for running a press business. But the lease deed specifically stipulated that the lease was for residential purpose. Only because the landlord signed the vouchers in the letter pad of the press to receive the rent does not amount to waiver or acquiescence.

Partial Eviction–Relevant Consideration
At the initial stage the court has to consider first as to whether the landlord required the premises reasonably. It can allow partial eviction on being satisfied that the partial eviction will substantially satisfy the need and requirement of the landlord.

No Special Rights for Long Term Tenants
A tenant no matter how long he has been in possession of the residential or a commercial place, it does not give him any special right or any protection from saving himself from being evicted by the landlord. If the landlord succeeds proving to the court of law that he needs it for his own use or occupation, the court will direct the tenant to evict the said premises of the landlord.

Eviction from a Commercial Place
A tenant can be evicted not only from residential premises but also from commercial premises to meet the bona fide requirement of the landlord for his own use or occupation.

The procedure to be adopted by the Civil Judge in connection with the suit or eviction under the Act
Section 6(1) as originally enacted entrusted upon the Rent Controller to entertain an eviction proceeding by a landlord against a tenant. It was to be by way of application and Rule 5 of the West Bengal Tenancy Premises Rules, 1999 prescribed the procedure as well as the contents of such application. By West Bengal Premises Tenancy (Amendment) Act, 2005, the said jurisdiction has been conferred upon the Civil Judge having jurisdiction. But there was no change as to the manner in which the same was to be disposed.
But the West Bengal Premises Tenancy (Amendment) Act, 2006 has provided that the eviction of a premises tenant under the Act shall be by a suit, so all the provisions of CPC relating to the pleadings, the procedure for filing the suit, filing of written statements and other relevant procedure become applicable. It is to be entertained as a civil suit to which all the provisions of CPC shall be attracted.

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