SUIT FOR EJECTMENT OF TENANT AND

ARREARS OF RENT

SUBMITTED BY:
Aditya Bhardwaj
B.A., LL.B.(Hons.)
Roll No: 1705
Fourth Year

SUBMITTED TO:
Dr. B.R.N. SARMA
(Associate Professor of Law)

RESEARCH PAPER SUBMITTED IN THE PARTIAL FULFILMENT OF THE COURSE

TITLED D.P.C. FOR OBTAINING THE DEGREE OF B.A., LL.B. (Hons.)

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

NYAYA NAGAR, MITHAPUR, PATNA- 800001

APRIL 2021

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 ACKOWLEDGEMENT
I owe a great many thanks to a great many people who helped and supported me during the
writing of this research project.

I wish to express my deep appreciation to my teacher ,Dr. B.R.N. SARMA, Associate Professor
of Law, for his guidance and persistent help without which completing this research would not
be possible.

I would also thank my Institution and my faculty members without whom this project would
have been a distant reality. I also extend my heartfelt thanks to my family, seniors and friends
for their continuous support and advice helping me to complete my project.

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 CONTENTS
INTRODUCTION................................................................................................................................... 4
AIMS AND OBJECTIVES ....................................................................................................................... 5
RESEARCH METHODOLOGY ................................................................................................................ 5
CHAPTER-1. SUIT FOR EJECTMENT OF TENANT AND ARREARS OF RENT: ANALYSIS OF RELEVANT
PROVISIONS ........................................................................................................................................ 6
CHAPTER-2 MODEL FORMATS ............................................................................................................ 9
CHAPTER-3. CONCLUSION ................................................................................................................ 17
BIBLIOGRAPHY .................................................................................................................................. 18

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 INTRODUCTION
Landlords have a lot of legal remedies available. Some of which include: forfeiture, monetary
damages, some self-help remedies or eviction. A landlord has the right to ask his tenant to
vacate the place and the right to start the process of eviction against him.

Eviction is the process by which the landlords can eject the tenants from his property. The
process begins with the landlord giving a notice to the tenant to settle the grievances or
otherwise vacate his property. If the terms are not settled, court-proceedings on the eviction
can start where both the parties put up their issues. At the end of the proceedings, if the landlord
wins, the tenant has to evict the land and restore it back in the hands of the owner.

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 AIMS AND OBJECTIVES

• To understand about the process of ejectment of tenant.

• To understand the legal provisions relating to ejectment and arrears of rent.

RESEARCH METHODOLOGY
The study is doctrinal which is based on primary and secondary data gathered from different
sources such as books, statutes, journal and online databases. It consist of descriptive method
research include overviews and actually discovering request of diverse mixture.

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 CHAPTER-1. SUIT FOR EJECTMENT OF TENANT AND
ARREARS OF RENT: ANALYSIS OF RELEVANT
PROVISIONS
The law pertaining to rent and rent control was enacted in the year 1948 as The Rent Control
Act. Following this enactment that served as a Union law, several states took into making
amends and additions in the law to suit the needs and businesses in the state. These state laws
and amendments carry small differences from the Union enactment. The Rent Control Act,
1948 was enacted to regulate the rules of letting out property and ensuring that neither the
landlords or the tenants exploit each other. The act is seen as a tenant centric law, however,
there are provisions to safeguard the rights of landlords as well.

On pursuit of amending this tenant centric part of the act, the Union Government has framed
the Model Tenancy Act, 2019. This act will serve as a modal for all states and Union territories
and they can either choose to adopt or reject it. The states have such liberty in allowing or not
allowing a law regarding rent is because land falls as a subject under the State List.

The Modal Tenancy Act, 2019 aims to bid a balance between the interests and rights of both
the landlords and the tenants which the current law does not address.

Rental tenancy is nothing but a form of lease, where there is a temporary transfer of the property
from the owner (lessor) to the tenant (lessee). As defined in Section 105 of The Transfer of
Property Act, 1882, A lease of immovable property is the transfer of right to enjoy such
property, made for a certain time, express or implied or in perpetuity in considerations for a
price paid in the form of money, share of crops, service or anything of value to be rendered
periodically or on specified occasions to the transferor by the transferee.

The transferor in the case of a rental lease is the landlord and the transferee is the tenant, the
consideration paid is the rent. The difference between a lease and a rent is that the lease period
lasts for twelve months, while a rent period lasts for thirty days.

Rights of a landlord to evict a tenant:

The rights and liabilities of the lessor and lessee are specified in the Transfer of Property Act,
1882, however, rights specific to a landlord and a tenant is specified in the Rent Control Act,
as much as the tenants are protected from arbitrary eviction from the house he or she is living
except for defined reasons and on defined conditions, the landlord is vested with the right to
evict the tenant if the tenant is guilty of certain specified acts and also when the landlord

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requires the house for his own personal occupation. The common grounds to evict a tenant are
the same throughout the country except for some states were certain provisions do not apply.

The landlord can evict a tenant on the happening of these circumstances or grounds:

1. When the tenant has failed to pay the amount which was mutually agreed with the landlord
intentionally within a period of 15 days.

2. If the tenant has allegedly rented a part of the property to another person.

3. The rented property had been used to commit unlawful activities by the tenant.

4. The actions of the tenant had led to the destruction of the rented property

5. If the landlord receives complaints from the neighbors against the tenant and those were
found to be questionable.

6. If the tenant is disproving not being the landlord of the rented property intentionally.

7. If the rented property has to be put up for renovation which is not possible unless the property
is vacated

8. If the landlord requires the rented property for your personal use.

9. If the landlord plan on the construction of another building which requires the demolition of
the rented property.

The process of eviction:

Stage I – Send a legal notice to the tenant to vacate:

An eviction notice needs to be filed in a court of appropriate jurisdiction. The notice should
mention the date and time within which the eviction should take place along with reasonable
justification for the eviction. The time should be reasonable.

Stage II- File an eviction Suit:

If the tenant refuses to vacate the property, an eviction suit can be file against the tenant in a
civil court of appropriate jurisdiction.

Stage III- Final Eviction Notice:

The court hears both sides and issues a final legal notice for eviction for the tenant based on
the arguments and evidence present. The tenant has to vacate the rented property once the court
sends the final eviction notice.

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This is the tenant eviction process in India, however, the eviction of the tenant without a rental
agreement is difficult as there is no proof of property being given on rent to the tenant.

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 CHAPTER-2 MODEL FORMATS

IN THE COURT OF Civil Judge Class I at Amravati.

Between:

Mr. Manohar (32 yrs., Hindu, Anishabad House no.32 Amravati) ... Plaintiff

Versus

Mr. Manoranjan (38 yrs., Hindu, Anishabad House no.32 Amaravati) ...Defendant

PLAINT PRESENTED BY THE PLAINTIFF UNDER ORDER 7 RULES 1 AND 2 AND

SECTION 26 OF CODE OF CIVIL PROCEDURE 1908.

The address for service of all notices on the plaintiff is that of his advocates Sri Ramanuj
singh Chamber 22 Singh Advocates, Amaravati and that of the defendant is as stated above
3. The plaintiff is the owner of the plaint schedule property. The defendant is a tenant of the
plaint schedule property on a monthly rent of 25000/- which is payable every month. There is
a practice of passing receipts. The defendant never paid the rent without a receipt. The
defendant agreed not to sub-lease the plaint schedule property to any body. The defendant is a
month to month tenant.
4. The plaintiff further got issued a registered notice on 22.01.2021 terminating the tenancy
by the end of February month. Inspite of the notice the defendant failed to vacate and hand
over the plaint schedule property to the plaintiff. Therefore the plaintiff files the suit for
eviction of the defendant and also for recovery of arrears of rent.
6. The plaintiff submits that if the plaint schedule property is leased out he will get a sum of
45000/- considering the present rents prevailing in the area. Since the lease is terminated the
defendant is liable to pay damages for use and occupation.
7. The cause of action for the suit arose when the defendant took the property on lease and
on 22.01.2021 when the plaintiff got issued a notice terminating the tenancy by the end of
February month where the plaint schedule property is situated within the jurisdiction of the

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Hon’ble Court.
8. Value of the suit:
Relief of eviction valued under Sec.40 of Andhra Pradesh Court Fees and Suits Valuation Act
on an yearly rent Rs.300000/-
A court fee of Rs.5000 /- is paid under Schedule (I) Article (I)(c) of Andhra Pradesh Court
Fees and Suits Valuation Act.

9. The plaintiff therefore prays that the Hon'ble Court may be pleased to grant a decree for
vacant possession of the plaint schedule property after ejecting the defendant from the plaint
schedule property and award future profits and award costs and such other relief as the
Hon'ble court deems fit and proper in the circumstances of the case.

Be pleased to consider,

Place: Amravati Signature of Plaintiff:

Date: 03.04.2021

The contents stated above are read over and explained to me in Telugu and having perfectly
understood the same and I declare that the contents stated above are true to best of my
knowledge, information, belief and I signed/affixed thumb mark on this plaint at Pl1 on d5.

LIST OF DOCUMENTS FILED:

1.Rent Agreement

2.Account Summary

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 MODEL DRAFT II

IN THE COURT OF Civil Judge Class I at Patna

Between:

Mr. Dinanath (32 yrs., Hindu, Anishabad House no.32 Patna) ... Plaintiff

Versus

Mr. Gopyan (38 yrs., Hindu, Anishabad House no.32 Patna) ...Defendant

PLAINT PRESENTED BY THE PLAINTIFF UNDER ORDER 7 RULES 1 AND 2 AND

SECTION 26 OF CODE OF CIVIL PROCEDURE 1908.

Suit for ejectment, arrears of rent and damages.

Valued at Rs.300000/-

The plaintiff above named states as follows:

1. That the defendant was a monthly tenant under the plaintiff in respect of the premises
described in Schedule A below from October,2016 paying therefore rent at the rate of Rs.
25000/- per month. The said tenancy was according to English Calendar month.

2. That the defendant defaulted in payment of rent for the said premises for six months from
July, 2020 to December, 2020 and for such default the defendant became liable to be evicted
from the said premises.

3. That the plaintiff through his lawyer Sri B. Seenayya, Advocate, sent to the defendant a
notice dated 15.01.2021 determining the tenancy on expiry and requiring him to quit and
vacate the said premises in Schedule A on the expiry of month of February. The said notice
was sent by registered post and was refused by the defendant on 21.01.2021 and received
back by the plaintiffs lawyer on 23.01.2021. A true copy of the said notice, the Registration

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Receipt and the refused envelope are filed herewith and the plaintiff craves leave of the court
to treat them as part of the plaint.

4. That the defendant has not vacated the premises as yet. The plaintiff is entitled to Khash
possession of the premises on ejectment of the defendant. The plaintiff is also entitled to get
Rs.150000/- being rent for the months from July to December and damages for the
defendant’s wrongful occupation of the premises at the rate of Rs. 1000/- per diem until the
plaintiff recovers possession. The plaintiff claims for the present damages of Rs. 10,000/- up
to the date of institution of suit.

The plaintiff therefore prays:

(a) For a decree for khash possession of the premises in Schedule “A” by ejecting the
defendant.

(b) For a decree of Rs.150000/- being arrears of rent from July to December both inclusive at
the rate of Rs.25000/- per month.

(c) For a decree of Rs.10000/- as damages and further damages until possession is delivered
to the plaintiff at such rate as the court deems proper on payment on court – fees

(d) All costs of suits.

Place: Patna Signature of Plaintiff:

Date: 03.04.2021

I, Mr. Dinanath, do hereby verify that the contents from paras 1 to 8 are correct and true to
the best of my knowledge and personal belief and no part of it is false and nothing material
has been concealed therein. Affirmed at Patna this 04th day of April, 2021.

(Signature)

LIST OF DOCUMENTS FILED:

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1.Rent Agreement

2.Account Summary

3.Vakalatnama

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 MODEL DRAFT III

IN THE COURT OF Civil Judge Class I at Ranchi

Between:

Mr. Shravan (32 yrs., Hindu, Anishabad House no.32 Ranchi) ... Plaintiff

Versus

Mr. Laxman (38 yrs., Hindu, Anishabad House no.32 Ranchi) ...Defendant

PLAINT PRESENTED BY THE PLAINTIFF UNDER ORDER 7 RULES 1 AND 2 AND

SECTION 26 OF CODE OF CIVIL PROCEDURE 1908.

Suit for ejectment, arrears of rent and damages.

Valued at Rs.300000/-

The plaintiff above named states as follows:

1. That the defendant was a monthly tenant under the plaintiff in respect of the premises
described in Schedule A below from October,2016 paying therefore rent at the rate of Rs.
25000/- per month. The said tenancy was according to English Calendar month.

2. That the defendant defaulted in payment of rent for the said premises for six months from
July, 2020 to December, 2020 and for such default the defendant became liable to be evicted
from the said premises.

3. That the plaintiff through his lawyer Sri B. Narayanan, Advocate, sent to the defendant a
notice dated 15.01.2021 determining the tenancy on expiry and requiring him to quit and
vacate the said premises in Schedule A on the expiry of month of February. The said notice
was sent by registered post and was refused by the defendant on 21.01.2021 and received
back by the plaintiffs lawyer on 23.01.2021. A true copy of the said notice, the Registration

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Receipt and the refused envelope are filed herewith and the plaintiff craves leave of the court
to treat them as part of the plaint.

4. That the defendant has not vacated the premises as yet. The plaintiff is entitled to Khash
possession of the premises on ejectment of the defendant. The plaintiff is also entitled to get
Rs.150000/- being rent for the months from July to December and damages for the
defendant’s wrongful occupation of the premises at the rate of Rs. 1000/- per diem until the
plaintiff recovers possession. The plaintiff claims for the present damages of Rs. 10,000/- up
to the date of institution of suit.

The plaintiff therefore prays:

(a) For a decree for khash possession of the premises in Schedule “A” by ejecting the
defendant.

(b) For a decree of Rs.150000/- being arrears of rent from July to December both inclusive at
the rate of Rs.25000/- per month.

(c) For a decree of Rs.10000/- as damages and further damages until possession is delivered
to the plaintiff at such rate as the court deems proper on payment on court – fees

(d) All costs of suits.

Place: Patna Signature of Plaintiff:

Date: 03.04.2021

I, Mr. Dinanath, do hereby verify that the contents from paras 1 to 8 are correct and true to
the best of my knowledge and personal belief and no part of it is false and nothing material
has been concealed therein. Affirmed at Patna this 04th day of April, 2021.

(Signature)

LIST OF DOCUMENTS FILED:

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1.Rent Agreement

2.Account Summary

3.Vakalatnama

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 CHAPTER-3. CONCLUSION
Renting an apartment, house or property is a common practice in our society and is beneficial
simultaneously for both the owner and the tenant. But there are also cases where the landlord
gets tired of the tenant as he does not pay the rent or sorts to some unlawful or hazardous
activities at the owner's place and hence the owner may ask the tenant to leave his place and
restore his property back to him. The dispute can usually be settled peacefully but if not, the
landlord has to opt for the eviction process to get rid of such a tenant. And to initiate this process
it is imperative to issue a valid eviction notice which have all the essential elements which if
not complied will further act as an evidence in the court proceedings.

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 BIBLIOGRAPHY
Books and Journal

1. Singh, Justice G.P., “The Law of Torts”, Lexis

Nexis Butterworths Publications, 26th Edition.

2. Bindra, N.S., “Pleading and Practice”, Universal

Book Company, 10th Edition, 2010.

3. Drafting, Pleading and Conveyancing – R.N.

Chaturvedi (Central Law Publications)

• Achintya Kumar Saha v. Nanee Printers (2004, 12 SCC 368)

• Sri Ram Pasricha v. Jagannath, 1976, SCC 184

• Munisami Naidu v. C. Ranganathan, AIR 1991 SC 492

• Vasant Kumar Radhakishan Vora v. The Board of Trustees of the Port of Bombay, AIR
1991 SC 14

• Transfer of Property Act

Web Sources

• http://www.legalserviceindia.com/legal/article-2005-essentials-of-a-valid-notice-of-
eviction.html
• https://www.myadvo.in/blog/send-legal-notice-to-vacate-premise-by-tenant
• http://www.legalservicesindia.com/article/2103/Protection-of-Tenants-Against-
Eviction.html

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