Eviction of old age tenant

I and my wife ( both 75+yrs old) have been renting this house for the last 25+ years. We, old age tenant, live in Chennai and have no other property. The original owner died and his sons are wanting possession of the house. Is there any compensation we can expect from them and if so how much can we expect. Do we have any other rights as tenants of this property? Thanks

by Shivendra Pratap Singh | Oct 14, 2015 | Civil Matters

I and my wife ( both 75+yrs old) have been renting this house for the last 25+ years. We, old age tenant, live in Chennai and have no other property. The original owner died and his sons are wanting possession of the house. Is there any compensation we can expect from them and if so how much can we expect. Do we have any other rights as tenants of this property? Thanks

The landlord may evict the tenant on any of the ground mentioned in section 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. Certain safeguards are provided to the tenant against eviction. You should apply to section 10(4)of said Act before the Controller that eviction may cause hardship to you due to your old age. Old age tenant has right to get enough time and should not face hardship during eviction [A. Shanmugam vs P.R.Lakshmanan AIR 2007].

The controller on receiving your application shall reject the application if he is satisfied that the hardship which may be caused to the tenant by granting eviction. The controller shall extend the period for eviction on the fact and circumstances of the case.

According to section 117 of Evidence Act, the tenant cannot claim title over the premises, the title of the landlord shall be presumed once the relation of landlord and tenant has been established, the tenant has no right to claim compensation on his eviction because no adverse possession accrues against the landlord.

  • If tenant made any improvement in the premises he has right to recover it from the landlord. 
  • If any fixture cannot be removed from the premises he has right to recover it from the landlord.
  • If the tenant had paid any tax/fee/charge on behalf of landlord he has right to recover it from the landlord.
Author's Profile

Tags: Civil Law | Eviction

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

Bank refused to obey the order of Lok Adalat

Mar 9, 2025 |

This legal guidance explains the remedies available when a bank fails to comply with a compromise order passed by the Lok Adalat despite receiving the settled amount. It discusses enforcement of the award, execution proceedings, contempt-related remedies, and the legal course available against arbitrary action of the bank.

Subsequent proceedings in arbitration matter

Feb 7, 2025 |

This legal guidance explains the legal consequences and subsequent proceedings arising after an arbitration award or order in an arbitration matter. It discusses enforcement of the award, challenge proceedings under Section 34 of the Arbitration and Conciliation Act, execution remedies, limitation periods, and the jurisdiction of courts in post-award disputes.

Civil court dismissed suit for want of jurisdiction

Jan 11, 2025 |

This legal guidance explains the remedies available when a civil court dismisses a suit on the ground of lack of jurisdiction. It discusses return of plaint under the Civil Procedure Code, refiling before the competent court, limitation protection, and the legal consequences arising from adjudication by a court lacking jurisdiction.

Admission in NRI quota can be changed afterwards

Dec 25, 2024 |

This legal guidance explains whether admission obtained under the NRI quota can subsequently be altered, cancelled, or converted to another category. It discusses eligibility conditions, consequences of misrepresentation, university regulations, refund issues, and the legal remedies available against arbitrary cancellation or change of admission status.

Claim related to motor accident in consumer forum

Dec 2, 2024 |

This article discusses whether a claim arising out of a motor accident can be pursued before a Consumer Forum in addition to or instead of proceedings before the Motor Accident Claims Tribunal (MACT). It examines the maintainability of such claims under consumer protection law, the liability of insurance companies, and the distinction between deficiency in service and statutory compensation under the Motor Vehicles Act.