Eviction of tenants from property after partition

Eviction of tenants from property after partition. I have filed for the partition of 13 properties in the District Court. These properties are located in a town approximately 60 km from the District Court. I have obtained an interim injunction order. Now, I need to evict the tenants from those properties. Can the District Court […]

by Shivendra Pratap Singh | Apr 26, 2023 | Civil Matters

Eviction of tenants from property after partition. I have filed for the partition of 13 properties in the District Court. These properties are located in a town approximately 60 km from the District Court. I have obtained an interim injunction order. Now, I need to evict the tenants from those properties. Can the District Court issue an eviction order? My advocate says that I need to send a separate eviction notice to each tenant from the local court as the rental value is less and eviction orders cannot be issued from the District Court. I would appreciate your help.

Asked from: Delhi

You have to send a legal notice to each tenant separately because each of them has separate cause of action. Amount of rent does not matter for the determination of the jurisdiction of the court. In this case, the subject matter is the main concern for the selection of appropriate forum.

Generally, the small causes court deals the matter of tenancy. If a rent control officer has been appointed in your town, then you have to move eviction suit in the court of that officer. The procedure for filing an eviction suit involves the following steps:

  1. Issuance of a legal notice: The landlord must first issue a legal notice to the tenant, asking them to vacate the property within a specified period.
  2. Filing of a suit: If the tenant fails to vacate the property, the landlord can file an eviction suit in the appropriate Civil Court (small causes court), along with the necessary documents, such as the lease agreement and the legal notice.
  3. Service of summons: The Court will issue summons to the tenant, asking them to appear in Court on a specified date.
  4. Hearing of the suit: At the hearing, both parties will be given an opportunity to present their case, and the Court will examine the evidence presented.
  5. Order for eviction: If the Court finds in favor of the landlord, it will issue an order for the eviction of the tenant.

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Shivendra Pratap Singh

Shivendra Pratap Singh

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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.

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