Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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sam anwar   12 February 2022

Can a landlors remove tenant forcefully

Hello sir...

Please suggest, my brother has been running a shop on rent for last 16 yeras, and his livelihood totally depended on the shop, 3 month ago landlors has expired, then his son harassed and saying to vacant the shop forcefully, without any compensation, after left this shop person is not capable to take another shop on rent due high advance chqrge of shop.

Please advice what can he do...i will be very grateful to you.



Learning

 6 Replies

bharat kothari   12 February 2022

no one can remove by force even the true owner has no right to remove any person by holding his collar there is rule of law. procedure is prescribed under rennt actto remove any tenant

Advocate Bhartesh goyal (advocate)     12 February 2022

No, any tenant or occupire of rented premises can not be evicted/dispossessed  forcefully or without due process of law.If landlord or his family members threats your brother then file suit for injunction against them and get restrained them not to dispossess without due process of law.

sam anwar   12 February 2022

Thank you sir for your best advice.

Aryan Raj   12 February 2022

Dear Queriest,

Forceful eviction is illegal and punishable by law. Because your landlord owns the property, he or she does not have the authority to evict you in any manner they see fit. Your landlord must provide you with the proper notice. Your landlord must petition to the court for a possession order after your notice period has expired. In any case, they must follow legal procedure in asking your brother to relinquish control of the house, even though they own it. Therefore you can file a lawsuit against your landlord in this case for unlawful eviction. 

Regards,

Aryan Raj 

Anaita Vas   12 February 2022

Respected Sam Anwar,

The first thing that you can do is file a complaint with the local police. 

Secondly, many times it's seen that a landlord forcefully removes a tenant with no justifiable reason. In a case like this, the tenant can take the help of the Rent Control Act to get justice.

The landlord can only remove you by lawful means, i.e. by providing a notice well before time, so that you have time to think of options that you can look at if you are evicted.

 

Regards,

Anaita Vas

Pradipta Nath (Advocate)     12 February 2022

But where is the force has been used! The shop owner has right to take possession if he want to use it. However they cannot use unfair means to vacate the shop 


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