26 April 2024 Dispute with Tenant/Landlord >> Property & Real Estate   |   Property/Real Estate Law >> Property & Real Estate  

In a recent judgment by the Supreme Court, a tenant who was illegally evicted from a property has been awarded the right to regain possession. The case involved a dispute between the property owner (Appellant) and the tenant (Respondent).

Initial Agreement and Disputed Eviction:

The Appellant, who owned the property, had entered into a leave and license agreement with the Respondent, granting them temporary permission to use the space. However, the situation turned sour when the Appellant allegedly evicted the respondent forcefully and without legal justification.

Tenant Takes Legal Action:

Responding swiftly, the Respondent filed a suit under Section 6 of the Specific Relief Act, 1963, within six months of the eviction. This act allows individuals to reclaim possession of immovable property if they have been illegally dispossessed.

Court Decisions Favor Tenant:

Both the Trial Court and the High Court ruled in favor of the respondent. The Trial Court rejected the appellant's claim that the tenant voluntarily vacated the property. Instead, the court relied on a possession receipt as evidence of tenancy and dismissed the Appellant's argument regarding the suit's validity under Section 6.

The High Court, upon reviewing the appeal, concurred with the Trial Court's findings on both the legality of the suit and the illegal eviction of the Respondent.

Conclusion:

Since both courts reached concurrent findings based on factual evidence, the Supreme Court dismissed the appeal by the appellant. This decision upholds the eviction as illegal and allows the respondent to regain possession of the property.