Legal Advice

Can a tenant refuse to vacate an allotted house?

Question: Can a tenant refuse to vacate an allotted house? Our father had purchased 3 houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant family was on rent, the time we purchased it. This tenant is no more and his wife lives with her elder son now. Her daughter is married & settled. And though both of her sons own houses in Dehradun. Her younger son is living with his family in our house and not vacating it. Our family has extended and we need this house to be vacated urgently. According to the tenant this house is an allotment house and can not be vacated. Is there any new law supporting a landlord in this kind of situation? Please help and guide.

Advise

She is a tenant and in your case the landlord requires that premises for his bonafide necessity. There is no law which confers on tenants a right for the indefinite period through the allotment. 

You should serve a legal notice for eviction. An allotment can be cancelled by the person who permitted the allottee to reside therein. Her two sons owned a house in the same city. 

Therefore she will not face any hardship on eviction because she has alternative residential accommodation in the same city. If she fails or refuses to vacate the premises then you should file a civil suit for eviction.  

Shivendra Pratap Singh

Advocate

High Court Lucknow