Tenant Protection Against Eviction: Section 6 Overview
This section focuses on safeguarding tenants from unjust eviction. It outlines the rights and legal protections granted to tenants under Section 6. It is crucial for tenants to understand their rights to prevent wrongful eviction and ensure secure housing.
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PROTECTION OF TENANT AGAINST EVICTION (SECTION 6)
Introduction The West Bengal Premises Tenancy Act, 1997 Act applies to residential as well as commercial tenants in equal measure. The Act makes it easier for the landlord to evict a tenant when he needs the premises for his own use if he does not have suitable accommodation in the same area. Other than this, however, eviction remains as difficult as before for landlords whose tenants are not on contract.
SECTION-6 PROTECTION OF TENANT AGAINST EVICTION No order or decree for the recovery of the possession of any premises shall be made in favour of the landlord against the tenant , [except on a suit being instituted by such landlord] on one or more of the following grounds: Consent in Writing Tenant Sublet, assigned, parted with possession without consent of landlord in writing. Tenant uses the premises for purpose other than for which it is taken without written consent of landlord.
Tenant has made default in payment of rent: I. For three months within a period of twelve months, II. three rental periods within a period of three years where the rent is not payable monthly. Premises required by the landlord for the purpose of: (Building and Rebuilding Cases) I. building or rebuilding II. or for making substantial addition or alteration thereto which can not be carried out without the premises being vacated.
landlord or any person, for whose benefit the premises is held, reasonably requires the premises for: his own occupation and he is not in possession of any suitable accommodation within the same Municipal Corporation or Municipality or in any other area within ten kilometers. Tenant has given notice to quit but failed to deliver vacant premises in accordance with notice given. I. possession of the
Tenant uses the premises or allows the premises or any part of it for immoral or illegal purpose. Tenant is guilty of material deterioration of the condition of the premises negligently. Where the tenant or any person residing in the tenanted premises has been guilty of conduct nuisance or causes annoyance to the neighbors including the landlord. Tenant has acquired or constructed, or has been allotted, a house or flat, provided a moratorium for one year is allowed for vacating the premises.
Landlord is member of Armed Force requires the premises for occupation Landlord is a member of Forces of the Union of requires it for occupation of his family and produces a prescribed authority Section 7 of the (Litigation) Act, 1925 (4 of 1925), that he is serving under special conditions within the meaning of section 3 of that Act or is posted in a non-family area: the Armed India and certificate referred Indian of the in to Soldiers
The premises under lock and key Tenant, daughter, or parent, or the widow of his predeceased son, who is dependent on him, does not reside in the premises [ten months] and keeps the premises under lock and key. or his spouse, or son, or
Landlord has acquired his interest in the premises by transfer, no [suit] for the recovery of possession of the premises on the ground of requirement for building or rebuilding or addition or alteration or requirement for own occupation shall be instituted by the expiration of a period of one year from the date of acquisition of such interest. landlord before the
Partial eviction Landlord requires the premises on the ground of building or rebuilding or addition or alteration or for his own occupation and [the Civil Judge] is of the opinion that substantially satisfied by ejecting the tenant or a subtenant from a part of the premises and allowing the tenant or the sub-tenant to continue in occupation of the rest of the premises. requirement is
If tenant or the sub-tenant agrees to such occupation, [the Civil Judge] shall pass a decree accordingly proportionate rent remaining in the occupation of the tenant or the subtenant. and fix the for the portion
The rent so fixed shall be deemed to be the fair rent for the purposes of this Act. If the tenant does not agree, but the sub- tenant agrees, to such occupation, no decree or order for ejectment shall be passed against the sub-tenant who shall become, with effect from the date of the decree or order, a tenant directly holding under the landlord.
Before taking action of eviction against the tenant who gave the notice of quit but failed to deliver the possession of the premises to the landlord is under obligation to give one month s notice before taking action of. This is applicable for both kinds of tenanted premises residential and non residential. The notice of quit given by the tenant must be clear and unambiguous.
No [suit] for the recovery of possession of any premises on any of aforesaid, except on the ground mentioned in clause (e) of sub-section (1), shall be instituted by the landlord unless he has given to the tenant one month s notice expiring with a month of the tenancy. the grounds as
No suit or proceeding shall be instituted by the landlord within two years from the date of commencement of this Act for recovery of premises to which the provisions of the West Bengal Premises Tenancy Act, 1956 did apply but the provisions of this Act do not apply possession of any
