Eviction of old age tenant
Question From: Civil Law
Me 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
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 provide to the tenant against eviction. You should file an application under 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].
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. Controller shall extend the time period for eviction on the fact and circumstances of the case.
According to section 117 of Evidence act, tenant cannot claim title over the premises, title of landlord shall be presumed once the relation of landlord and tenant has been established, tenant has no right to claim compensation on his eviction because no adverse possession accrues against landlord.
- If tenant made any improvement in the premises he has right to recover it from landlord.
- If any fixture cannot be removed from the premises he has right to recover it from landlord.
- If tenant had paid any tax/fee/charge on behalf of landlord he has right to recover it from landlord
Image courtesy : google.com
Ask A Question
You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)
Talk to Advocate
Talk to advocate on phone for 30 minutes and get solid legal advice
To view this protected post, enter the password below:
Section 340 in The Code of Criminal Procedure, 1973 Procedure in cases mentioned in section 195. (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be...
Section 18 of the Real Estate (Regulation And Development) Act, 2016 (RERA) entitles the flat buyer to claim a refund of money and compensation for any loss from the builder. If the builder did not complete the project within time he shall be liable to refund the money with interest.
Section 154 CrPC: Information in cognizable cases (FIR) (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over...
Get A Quick Advice
Book an appointment for 15 minutes and consult with an expert over the phone within minutes
Join Our Newsletter
Subscribe our newsletter to get our news as well as important legal updates of Supreme Court & High Courts