Eviction order can’t be revoked in the eventuality of the landlord’s death
The recent judgement passed by the High Court of Punjab and Haryana has made it clear that the death of the landlord does not affect the eviction order passed in his favour on the ground of personal necessity.
It has been clarified that once an eviction order is passed against a tenant recognizing the personal need of the landlord, the order will stand. It will protect and benefit the dependants of the landlord even if the landlord dies during the revision proceedings filed by such tenants against the order of eviction. Death of the landlord will not affect the order adversely.
In India, every State has its piece of legislation in the matter of rent control and regulation. In Punjab, we have Punjab Rent Act, 1995, which came into force in the year 2013. The Act aims to create a balance between landlord and tenants interest.
Recommended reading: Landlord Tenant Dispute
It is necessary to protect a tenant against the mischief of the landlord and to secure his stay in the rented accommodation. At the same time, even the landlord’s rights have to be secured. Sometimes, it becomes difficult to protect one’s property from an errant tenant who refuses to vacate the rented premises even if the landlord is justified in demanding so. Eviction through court is not easy.
Eviction of tenant:
The Act of 1995 has widened the scope of eviction of a tenant from the rented accommodation. Some of the grounds seeking eviction order are:
- Non-payment of rent
- Premises has become unsafe
- Premises requires repairs
- Alternate accommodation is available with the tenant or his family member
- Violation of lease agreement, Misuse of premises
- The personal necessity of the landlord or any member of his family if no other suitable accommodation is available after three years of purchase or transfer.
Recommended reading: Landlord Tenant laws
The legislature has used the words personal necessity of the landlord or any member of his family. Thus under the Act, landlord or any member of his family are on the same footing as far as personal necessity is concerned. If no suitable accommodation is available with the landlord or his family member, eviction of a tenant can be sought on the ground of personal necessity.
The recent judgment of the High Court of Punjab and Haryana has interpreted and explained personal necessity. It says that the statute (Act of 1995) itself recognizes the personal necessity of the landlord as well as his family members. The death of the landlord during the pendency of the revision petition does not affect the rights of his legal heirs adversely. The tenants contended that the personal necessity of the landlord comes to an end with his death. The court negated the same and upheld the eviction order passed in favour of the landlord.
Recommended reading: Remedies for a landlord if the tenant refuses to leave after an eviction notice
Once a landlord has pleaded and successfully established his necessity, the members of his family residing with him or his dependants should not be put to hardship.
It will not be out of place to mention here that the Government of India has proposed The Model Tenancy Act, 2019. The Act aims to encourage landlords to rent out their properties by ensuring speedy dispute resolution and transparency in the housing area. It will rationalize the rent rate also as the supply of residential accommodation would increase. The Government wants to achieve a target of housing for all by 2022.
The rent laws have been considered as pro tenants most of the time. The recent judgment of the High Court has given a liberal interpretation to personal necessity clause favouring the landlord. It will undoubtedly help to boost the confidence of the landlord for justified eviction of tenants and pleading for an eviction order in court.
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