eviction
A landlord may recover possession only by due process of law, not by force. Under the Transfer of Property Act, 1882 a lease is determined in the ways listed in s.111 (expiry, forfeiture, surrender, notice to quit), and a lease from month to month or year to year is ended by notice under s.106. After that the landlord sues for possession.
Where a State rent control law applies, such as the Karnataka Rent Act, 1999, a tenant can be evicted only on the grounds listed in that Act (for example, non-payment of rent, sub-letting, bona fide requirement of the landlord) and through the forum it names. The rent law prevails over the general TPA rules for premises within its scope. In contract law “eviction” also means disturbance of a buyer's title or possession by one with a better title.
Example
Even after the lease expired, the landlord could not lock the tenant out; he had to seek eviction on a ground under the Karnataka Rent Act, 1999.
In Indian law
- Sections 106 and 111, Transfer of Property Act, 1882
- Karnataka Rent Act, 1999
See also
Read more in the study notes
- Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
- Negotiation: meaning, styles and approaches (Alternative Dispute Resolution Systems)
- Public nuisance, mischief and criminal trespass (Bharatiya Nyaya Sanhita)
- Estoppel (Bharatiya Sakshya Adhiniyam)
- Article 21: right to life and personal liberty (Constitutional Law I)
- Specific relief: nature, kinds and recovery of possession (Contract I)