Supreme Court's decision on tenancy
I would like to know the Hon. Supreme Court's take on Tenancy in the case of eviction when the owner of the property has won the suit in the Lower Division Court.
What are the rights of the plaintiff and defendant in such a situation?
Asked 3 years ago in Civil Law from Kolkata, West Bengal
If landlord has filed suit for eviction of tenant and court has directed tenant to evict the premises the tenant can if he so desires challenge the order in appellate court. The Supreme Court has ruled that recalcitrant tenants can be forcibly evicted by the police if they fail to vacate the premises within the deadline given by the court. bench of justices Markandeya Katju and Gyan Sudha Mishra said that it was passing the extraordinary order as it was vexed with the increasing number of cases in the country where tenants are refusing to vacate despite orders from even the country’s highest court.
“We further make it clear that when this Court allows the petition/appeal of the landlord or dismisses the petition/appeal of the tenant and grants some time to vacate the premises in question and if the tenant does not vacate within the time granted, the tenant shall be evicted by police force.
“This is a general direction we are passing because we are coming across several cases where the tenants are not vacating the premises in question despite granting time by this Court or despite furnishing an undertaking to this Court with a result that the landlord has to initiate contempt proceedings or any other proceedings.
“Hence, we give a general direction that when tenant’s petition/appeal is dismissed and he is given time to vacate then on the expiry of that time, he will be evicted by police force if he does not vacate of his own. If any extension of time to vacate is desired, that application should be filed well in advance,” Justice Katju writing the judgement said.
I think your query is replied above fully.
Advocate, New Delhi