Eviction of commercial, residential and other premises from tenants: With the increase in rates of rents in India, it has been seen that the old tenants who are in occupation of the buildings are not vacating the same especially in case where the landlord happens to be Non-Resident Indian and there is nobody back home to look after the interest of Non-Resident Indian landlord effectively that such tenants are taking the benefit to continue to occupy the premises at the same old rent at which they had taken the same from the landlord. With the increase in the prices of the property, the rates of rent have increased manifold. As a result thereof, the tenants are unwilling to vacate the premises or to increase the rent as per the market rate.
So far as increasing of the rent is concerned, the law in India which was enacted way back in 1949 when there was a acute housing shortage is infact an obsolete law, but unfortunately the said law still continues and none of the Government has a Will to change the law as per the present changing times in order to appease the business community who happens to be mostly old tenants of such commercial buildings.
Since the tenants are not vacating their premises, the State of Punjab as well as Chandigarh in North India have provided a special provision of law for eviction of their premises from the tenants being the NRI. Once a person is in a position to establish that he is a Non-Resident Indian, the eviction of the tenant in those cases is made by the courts in a summary manner without following the complete hassle of the trial and recording of evidence in the case. Similarly such benefits have been given to the State Government or the Central Government or the State or Centre undertaking employees in case of their retirement they have a right to get the premises evicted summarily.
Though the law does not provide a right to the landlord to get the rent increased, but in present days, it has been seen that mutually and landlord and tenant agree to increase the rent which is duly honored by both of them. Such protection to the tenant from increase of rent or eviction is not available to the tenant in State of Delhi in case the rent happens to be beyond Rs. 3500 per month. In other words, all the buildings where the rent is beyond Rs.3500 per month are not governed by the Rent Act of the State which gives protection to the tenant, but is governed by the general law of the Transfer of Property Act, which gives both rights and duties on the landlord as well as the tenant.
The tenants besides the fact that he needs the premises for his personal necessity, can also get the eviction from the premises in case such premises are being used for the purpose other than which it was rented out or in case tenant fails to pay the rent to the landlord to in case he causes any nuisance in the area or in case the tenant sublets the premises to any other person, again a right accrues to the landlord to evict out the tenant on such grounds.