Lessor v. Lessee: What all remedies are available to a tenant for a wrongful ousting?

Whether we talk about situation during this pandemic time or in general, illegal expulsion of a tenant by the landlord has always been of great concern. If we talk about the metropolitan cities, we all are well aware of the fact that how costly properties are there. So, rather than purchasing properties, most of the working population and students opt to live as tenants as it is more opportune and reasonable for them to do so. But everything comes with both, positive as well as negative points. One side it is convenient and economical for a person to live in a rented accommodation but on the other side there is always a sense of fear of being ousted by the landlord as people are of this point of view that a landlord can anytime expel a tenant as the property belongs to him. Moreover, a landlord even intentionally files an eviction notice on the basis of mere speculation and baseless points, just to discomfit the tenant.

During this pandemic situation as well, people were forcefully expelled out from the homes by the landlords as they were not being able to pay rent on time. This created a sense of embarrassment and despondency for the expelled ones as they were not having a roof above their head and were redundant.

Rights and Obligations of lessor and lessee are given in Transfer of Property Act, 1882 (TOPA) and the mentioned act directs the landlord to follow a proper and lawful procedure in order to expel a tenant but there is no such provision mentioned in the act for the tenants that permits them to stay in the premises of the landlord. So, basically there is no as such specific right mentioned in the TOPA act that favors the tenant.

Then how could tenant fight for its right?

As there is no such provision in the TOPA act, a tenant can still sue the landlord under the Specific Relief Act, where he needs to prove that the eviction made by the landlord is illegitimate and against the law as no proper procedure was followed for the eviction. This way the tenant would be able to avoid the forceful eviction. This was seen in a case Surjit Pal v. Prabir Kumar Sun, in which it was held that the Civil court can use its inherent power in cases where it finds that there is forced eviction and it is against the law and can grant a temporary mandatory injunction by ordering the police to reinstate the possession.

In cases where the tenant faces huge loss due to the wrongful eviction can file a Suit for Damages. Some of the state laws helps the distressed one to recover two to three times of the actual awarded damages. In cases like cutting the electricity, changing of the locks and in the other cases where the tenant feels like mentally harassed can file a complaint in the police station. Then it becomes the duty of the police officials to take this as a serious matter as the landlord in such case commits various crimes like battery, assault, trespass and other such activities that are defined as criminal activities in Indian Penal Code, 1872.

Lessor lessee relationship is one of its own kind and it must be respected at both ends. Proper procedure must be followed in case the landlord wants to evicts the tenants as illegal and forceful methods for eviction might create a lot problems for the tenant like loss of business, monetary damages and mental problems like depression, anxiety through which a person might not be able to go. So certain provisions must be formed in which the tenants despite signing all the legal documents doesn’t have that feeling of the termination by the landlord.

Submitted by:

Divyanshu Kaushal

Student Reporter, INBA