Eviction of Tenant – No Eviction unless Grounds Seeking Eviction have been Made out- Supreme Court

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August 16, 2018

Eviction of Tenant will now not be easy

Eviction of Tenant will now not be easy. In a recent case, the Two-Judge Bench of the Supreme Court has succinctly stated that unless and until ground seeking eviction in terms of the concerned contract is not made out, no eviction of a tenant can be ordered, even if the parties had entered into a compromise

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Case name: M/s Alagu Pharmacy & Ors. v. N. Magudeswari

Date of Judgment: August 14, 2018

In the case the main contention of the Appellants was that a compromise decree to evict the suit premises were entered into by the Respondents under coercion.

The Appellants contended that they were summoned to the police station in connection with the complaint lodged by the respondent and under the pressure employed by the police, compromise deed was entered into. It is further alleged that soon thereafter, the Respondents filed an Eviction Petition before the Principal Rent Controller for eviction of the appellants.

Supreme Court’s Verdict

The Supreme Court in the case allowed the Appeal and made the following observations in the case:

Compromise Recorded in Police Station is not acceptable

The Apex Court observed that the assertion made by the appellants that pressure was exerted through the police and they were compelled to enter into compromise was prima facie acceptable. The Supreme Court while inferring this made reference to its judgment in the case of Ajad Singh v. Chatra and Others, wherein the Court opined that compromise recorded in Police Station inter alia was not found to be acceptable. It was also noted in the case that the said compromise was recorded in the Police Station and during the pendency of the suit.

The Supreme Court also observed that in cases where there is reasonable doubt that police may have forced a party to enter into compromise, the process of Court ought to weigh in favour of a party who alleges to be victim of such pressure.

No Eviction unless Grounds Seeking Eviction is made out

The Supreme Court also referred to the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 and noted that in terms of the provisions eviction can be ordered only if the concerned Rent Controller or Court is satisfied that the ground seeking eviction is made out. That unless and until ground seeking eviction in terms of the concerned contract is not made out, no eviction of a tenant can be ordered, even if the parties had entered into a compromise.

The Apex Court in the case made reference to plethora of judgments to hold that where protection under a Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even if parties had entered into a compromise.

The entire case can be accessed here.