No, a tenant cannot dispute the ownership title of an NRI landlord.
In this case, a landlord has to file a suit for recovery against the opposite party to claim the money due towards the rent.
Execution Petition is maintainable when the tenant disobeys the order passed by the Rent Controller. After filing of Execution petition, the same Court issues warrants of possession against the tenant and the Bailiff (official person from Court) accompanies the landlord (or the person authorized by the landlord) for taking possession of the property.
Yes, the SPA holder of an NRI can enter into a Tenancy Agreement with the tenant. It has to be explicitly mentioned in the agreement that the SPA holder is authorized to enter into the agreement on the basis of SPA executed by the landlord.
In that event, the Eviction Petition becomes infructuous, and the landlord has to withdraw the same by getting his statement recorded that he has taken over the possession of his property.
The rent agreement should include complete particulars of landlord and tenant, description of the property, amount of rent payable, renewal of agreement clause, the notice period for termination of tenancy, the date on which the rent is payable, account details (if the rent is to be paid in the account of landlord), any other terms and conditions agreed upon between the parties to the agreement.
Subletting the property against the wishes of the landlord becomes a vital ground on the basis of which a landlord can seek eviction of the tenant as well as of the persons in possession of the property.
After completion of the time period given in the notice, the landlord can approach the Civil Courts and proceed with the filing of the Eviction Suit.
Service of legal notice is mandatory for seeking eviction. Even if the situation turns bad with the tenants, police cannot help in taking possession of the property. Only the Court of Rent Controller under whose jurisdiction the property is located has the power to order for Eviction of a tenant.