Once the landlord has got relief under any of the valid grounds for eviction then the landlord must file for execution of the decree. He/She just can’t forcefully throw out the tenants out of the rented premises without an order to that effect. The landlord may take assistance of the police while evicting the tenant once the decree is executed but not before that.
In the present case, the landlord entered into the premises and assaulted the tenant following which a FIR was registered. Charges under 354 B and 323 were framed and proved. Thus landlord is convicted for three years in jail.
The valid grounds for eviction can be
- Non payment of rent
- Change of occupation other than for what it was given
- Damage to the property
- Being used for illegal purposes
- Violating terms of the contract or creating nuisance for general public
- Need the premises for own occupation
- Premises unfit for habitation and need urgent repair
Now quick remedies when tenant senses trouble from lanlord; file an injunction suit asap in the District Court restraining landlord from forcefully evicting you.
Next give a complaint in writing to the police station and SSP concerned regarding the worrisome situation.
These measures will cover your interest and finally engage an experienced Rent Matter cases expert lawyer who can defend both your cases.
There is no substitute to professional legal advice in rent dispute matters between tenants and landlord.
In some cases you would be asked to reply to Legal Notice for Eviction by landlord, then also a good/top rent lawyer/advocate can assist you.
In the end, know your rights and don’t be sorry before its too late. Free legal advice is within your reach.
For any subject specific advice please dial 7888-356908 for LegalSeva. Your command is our will. As you say.