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Parveen Kr. Aggarwal (Advocate)     23 December 2009

Rent Petition

Whether eviction of a tenant can be sought by a landlord under Rent Act on the ground personal necessity for "accommodation of his servants for their residence".



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 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 December 2009

I think Yes, it can be .

Isaac Gabriel (Advocate)     23 December 2009

It is one among thenecessities of the landlord to justify to dirct the tenent to vacate the building citing for his own use.

Parveen Kr. Aggarwal (Advocate)     23 December 2009

I think the position under the Transfer of Property Act is different. But where Rent Act of a State has applicability, a tenant can be evicted only on the grounds given that Act. In my opinion, none of the Rent Acts (of the different States in India) provides for any such ground of eviction. However, the High Courts and Supreme Court have been enlarging the scope of the ground of personal requirement of the landlord and it may be in this premise that in any Judgment such a requirement of the landlord must have been held to be included in such ground. Will anyone provide me any case law on this point.

HABIB (STUDENT)     24 December 2009

one can evicit if ones son/daughter is getting married or son wants to open office these are good grounds

Kishor Mehta (CEO)     27 December 2009

The landlord can file  a suit of eviction of  a tenant on the grounds of his need, only if he needs and can prove the need for himself or for his family members dependant on him. Even after proving his needs to the satisfaction of the Hon. Court, if the Hon. Court feels that more hardship will be caused to the tenant than the landlord by passing an order for evictionm then in that case the Hon. Court will not pass an order for eviction. This is the position of Maharashtra Rent Act 1999.

Kishor Mehta


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