Law of contract or rent laws-what overrides?
pallawi
(Querist) 31 January 2012
This query is : Resolved
Can an eviction sought on the ground of bonafide requirement obliterate a contractual fixed term lease?
Eg:L lets his residential premises to T , say for a term of 2 years.Now before the term of 2 years has expired, L genuinely requires the said premises. Can L successfully get the premises vacated or would he be bound by his contractual obligations?
Kindly let me know if there is any authority on the point.
Devajyoti Barman
(Expert) 31 January 2012
Landlord can not initiate proceeding for eviction before the term of tenancy.
This is not a question of overriding effect of a provision of law upon another but a case of contractual obligation.
Raj Kumar Makkad
(Expert) 31 January 2012
You should go in depth of the terms of the lease agreement. If any term provides the right to lesser to get vacation prior to the term then follow it otherwise have no remedy to continue till the fixed term expires.
