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AKS MAT (AO)     03 July 2010

how much time for eviction

If landlord files application for eviction on grounds of bonafide personal necessity , how much time it takes for getting the rented premises back from tenant ?

Can the tenant go for the appeals to delay the eviction process . How much time is expected for eviction ?


 4 Replies

Dhawal Bhandari (ADVOCATE)     03 July 2010

no fix time ....

can range from 1year to 7 yrs or more...

depending upon advocate & courts how they perform +appeal (if any ) takes more than that...

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 July 2010

First you have to prove bonafide requirement otherwise no chance.

1 Like

H. S. Thukral (Lawyer)     03 July 2010

When you file an eviction petition on the basis of bonafide requirement, a summary procedure has been provided in most of the rent control laws ( It is a state subject). The trenant has to file an affidavit detailing facts which shall disentitle the landlord bonafide requirement . Onus is on the tenant to prove that the requirement is not bonafide and the lanlord has alternate accommodation to meet his need.  Leave to defend the petition shall be granted on tenants averments in the affidavit. If leave is not granted eviction order shall follow. During the revision before the HC  if the order is stayed the tenant has to pay rent at market value. It is law that even if leave is granted to defend,  the rent controller shall expediously hear the petition.   

1 Like

Bobby Mani T (Lawyer)     03 July 2010

In Kerala I know a case as old as nearly 30 (Thirty) years.  The case was first filed inthe rent control court and the tenant denied the title of the landlord.  The case becomes a civil case and the civil case was filed in 1992 as No.OS 200 of 1992 the case is still pending in the court.

So no time can be specified for any ground for eviction of a tenant

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