Questions Legal

What is the difference between a suit for eviction and a suit for possession?

Airtract

Roslin Mary

Prove them wrong

Finding a tenant to lend your property to is an easy task since there are lakhs of people looking for houses in India. So whenever a tenant and the owner engage in a contract or agreement transferring the temporary ownership of the house. This agreement will comprise of all the conditions and agreements they have agreed on before summoning the contract.

But the reality is not that dull compared to the ideal lending we conceive of. Most of the time, either the tenant or the owner will be misbehaving, unjust, or not appropriately disciplined. Sometimes the tenant will hesitate to provide rent at proper times, or the owner will force the tenant to move away when the tenant has the ownership agreement at the moment.

  1. Suit for Eviction

  2. Suit for Possession

Suit for Eviction is the complaint or file submitted in court by the owner of the property to claim the ownership of his property from the tenant who is not willing to move from the property even after the period of contract. As per the Rent Control Act passed by the Government of India in 1948, the owner can file a complaint in case the tenant disagree to pay the rent or move out after the completion of the contract period. But to file a suit in court, the landlord requires a valid agreement mentioning the property details, monthly rent, and period of contract.

Suit for Possession is the complaint filed by the tenant against the injustice of the landlord claiming the possession of the property he/she was currently enjoying. Possession plays an important role in ownership rights. As specified in section 55 (1) (f) of Transfer of Property Act, 1872, a landlord is obliged to grant possession of the property to the tenant of the same. Similar to the right of the landlord over his property after the contract period, the tenant also has certain rights and claim over the property they are enjoying on the basis of the agreement made. If the owner forces them to move out or restricts the possession over the property, the tenant can file a suit for possession in court.

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