Suit For Eviction & Recovery Of Possession 1117 Legal Draft Template
| Category | Suits |
| Format | Rich Text |
| File name | Suit for eviction & recovery of possession-1117.rtf |
Effortlessly craft professional legal documents with 500+ industry-standard templates and refine them using DraftPilot - your AI drafting copilot. Seamlessly upload, review, and compare multiple existing drafts side-by-side.
DraftPilot - GPT-powered editing under LegalDraft Studio · also part of your AI Studio plan Browse & download templates free - DraftPilot requires login + AI Studio
Industry-standard template for reference. Adapt it with DraftPilot (AI copilot), compare clause-by-clause in our comparison workspace, or download and edit offline. Consult a qualified advocate before filing or execution.
Draft Preview
A SUIT FOR EVICTION & RECOVERY OF POSSESSION
HIGHLIGHTS
The old Bombay Rents, Hotel and Lodging House Rates Control Act 1947 has been amended and replaced by the Maharashtra Rent Control Act 1999, and the relevant provisions with respect to the matters of Recovery
of Possession are as follows :16. When landlord may recover possession -
(1) Notwithstanding anything contained in this Act but subject to the
provisions of section 25, a landlord shall be entitled to recover
possession of any premises, if the Court is satisfied -
(a) that the tenant has committed any act contrary to the provisionsof clause (o) of section 108 of the Transfer of Property Act
1882;
Explanation
- For the purposes of this clause, replacing of
titles or closing of balcony of premises shall not be regarded
as an act of causing damage to the building or destructive or
permanently injurious thereto; or
(b) that the tenant has, without the landlord's consent given inwriting, erected on the premises any permanent structure;
Explanation -
For the purposes of this clause, the expression
"permanent structure" does not include the carrying out of
any work with the permission, wherever necessary, of the
municipal authority, for providing a wooden partition, standing
cooking platform in kitchen, door, lattice work of opening of
a window necessary for ventilation, a false ceiling, installation
of air-conditioner, an exhaust outlet or a smoke chimney; or
(c) that the tenant, his agent, servant, persons inducted by the
tenant or claiming under the tenant or, any person residing
with the tenant has been guilty of conduct which is a nuisance
or annoyance to the adjoining or neighbouring occupier, or
has been convicted of using the premises or allowing the
premises to be used for immoral or illegal purposes or that the
tenant has in respect of the premises been convicted of an offence of contravention of any of the provisions of clause (a) of sub-section 394 or of section 394A of the Mumbai Municipal Corporation Act 1888 or of sub-section (1) of section 376 or of section 376A of the Bombay Provincial Municipal Corporations Act 1949, or of section 229 of the City of Nagpur Municipal Corporation Act 1948, or of section 280 or of section 281 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act 1965; or
(d)that the tenant has given notice to quit and in consequence of that notice, the landlord has contracted to sell or let the premises or has taken any other steps as a result of which he would, in the opinion of the Court, be seriously prejudiced if he could not obtain possession of the premises; or
(e)that the tenant has - on or after the 1st day of February 1973, in the areas to which the Bombay Rents, Hotel and Lodging House Rates Control Act 1947 applied; or (i) on or after the commencement of this Act, in the Vidarbha and Marathwada, areas of the State, unlawfully sub-let or given on licence, the whole or part of the premises or assigned or transferred in any other manner his interest therein; or
(f)that the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after commencement of this Act, to be in such service or employment; or
(g) that the premises are reasonably and bonafide required by the landlord for occupation by himself or by any person for whose benefit the premises are held or where the landlord is a trustee of a public charitable trust that the premises are required for occupation for the purpose of the trust; or
(h) that the premises are reasonably and
bonafide
required by the
landlord for carrying out repairs which cannot be carried out
without the premises being vacated; or
(i) that the premises are reasonably and
bonafide
required by the
landlord for the immediate purpose of demolishing them and such demolition is to be made for the purpose of erecting new
building on the premises sought to be demolished;
(j) that the premises let consist of a tenements on the terrace of
a building such tenement or tenements being only in part of
the total area of the terrace and that the premises or any part thereof are required by the landlord for the purpose of the
demolition thereof and erection or raising of a floor or floors
on such terrace:
Explanation -
For the purposes of this clause, if the
premises let include the terrace or part thereof, or garages,
servants quarters or out-houses (which are not on the terrace),
or all or any one or more of them, this clause shall nevertheless
apply; or
(k) that the premises are required for the immediate purpose of
demolition ordered by any municipal authority or other
competent authority; or
(l) that where the premises are land in the nature of garden or
grounds appurtenant to a building or part of a building, such
land is required by the landlord for the erection of a new
building which a municipal authority has approved or permitted
him to build thereon; or
(m) that the rent charged by the tenant for the premises or any
part thereof which are sub-let is in excess of the standard rent
and permitted increases in respect of such premises or part
or that the tenant has received any fine, premium, other like
sum of consideration in respect of such premises or part; or
(n) that the premises have not been used without reasonable
cause for the purpose for which they were let for a continuous
period of six months immediately preceding the date of the
suit;
No decree for eviction shall be passed on the ground, specifiedin clause (g) of sub-section (1), if the Court is satisfied that, having regard
to all the circumstances of the case including the question whether other
reasonable accommodation is available for the landlord or the tenant,
greater hardship would be caused by passing the decree than by refusing
to pass it.
Where the Court is satisfied that no hardship would be caused either
to the tenant or to the landlord by passing the decree in respect of a part
of the premises, the Court shall pass the decree in respect of such part
only.
Explanation
- For the purpose of clause (g) of sub-section
(1),
the
expression "landlord" shall not include a rent-farmer or rent-collector of
estate-manager.
A landlord shall not be entitled to recover possession of anypremises under the provisions of clause (g) of sub-section (1), if the
premises are let to the Central Government in a cantonment area, and such
premises are being used for residence of the armed forces of the Union or
their families.
The Court may pass the decree on the ground specified in clause (h) or (i) of sub-section (1) only in respect of a part of the premises which in its opinion it is necessary to vacate for carrying out the work of repair or erection.
Notwithstanding anything contained in any other law for the time being in force, an assignment of a decree for eviction obtained on the grounds specified in clauses (g),(h), (i) and (j) of sub-section (1) shall be
unlawful.