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Eviction of old age tenant

Shivendra Pratap Singh

Advocate

14/10/2015

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I and my wife ( both 75+yrs old) have been renting this house for the last 25+ years. We, old age tenant, live in Chennai and have no other property. The original owner died and his sons are wanting possession of the house. Is there any compensation we can expect from them and if so how much can we expect. Do we have any other rights as tenants of this property? Thanks

The landlord may evict the tenant on any of the ground mentioned in section 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. Certain safeguards are provided to the tenant against eviction. You should apply to section 10(4)of said Act before the Controller that eviction may cause hardship to you due to your old age. Old age tenant has right to get enough time and should not face hardship during eviction [A. Shanmugam vs P.R.Lakshmanan AIR 2007].

The controller on receiving your application shall reject the application if he is satisfied that the hardship which may be caused to the tenant by granting eviction. The controller shall extend the period for eviction on the fact and circumstances of the case.

According to section 117 of Evidence Act, the tenant cannot claim title over the premises, the title of the landlord shall be presumed once the relation of landlord and tenant has been established, the tenant has no right to claim compensation on his eviction because no adverse possession accrues against the landlord.

  • If tenant made any improvement in the premises he has right to recover it from the landlord. 
  • If any fixture cannot be removed from the premises he has right to recover it from the landlord.
  • If the tenant had paid any tax/fee/charge on behalf of landlord he has right to recover it from the landlord.
shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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