First liability of tenants in eviction proceedings

Landlord-tenant disputes are very common in India. Most of the States have created separate enactment to regulate landlord-tenant relations and methods of termination. In Madhya Pradesh, the M.P. Accommodation Control Act, 1961 (herein after called ‘Act’) is applicable in most of the Notified areas. In un-notified areas, the provisions of Transfer of Property Act, 1882 are applicable.

Normally, tenants after receiving court’s notice in eviction proceedings, wait till the date mentioned in the notice. In many cases, the tenants appear before courts on fixed date shown in the notice and find that their statutory right to defend is struck off.  This is because, there is a mandatory provision in the Act that every tenant, against whom, eviction proceedings has been initiated, is liable to deposit arrears of rent within one month from the date of receiving notice of the court. If someone violates this condition mentioned under section 13(1) of the Act, his right to defend shall be struck off. The delay caused in deposing shall not be condoned anyway. So, the Act imposes strict liability on every tenant involved in litigation, to deposit arrears of rent within time stipulated in the Act.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.