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In a judgment by divisional bench of the Supreme Court comprising Justice DY Chandrachud and Justice Hemant Gupta observed that such a statutory tenant can be evicted only by following the procedure laid down in applicable rent control laws and not by filing suit for possession against him/her.
In the present factual matrix Shiv Dev Kaur let out his property to Chander Parkash Soni for rent in accordance to the “East Punjab Urban Rent Restriction Act, 1949”. The life estate granted to Shiv Dev Kaur had enabled her to create a tenancy and receive the rent from the tenants on the property. After the death of Shiv Dev Kaur, the other heirs became the owners of the property. They filed a suit for possession against the tenant on the basis that the tenant was a trespasser after the death of Kaur.
The bench of SC observed that “the remedy available to the appellants to remove the first respondent from the property is by pursuing eviction proceedings on one or more of the grounds available in the enactment.” It was further stated that as “Tenant” acquired his right to tenancy under East Punjab Urban Rent Restriction Act, 1949 which also specify the process for eviction of tenants. “Section 13 of the said act lays down the procedure for eviction of tenants. Only upon the satisfaction of the Controller that sufficient grounds exist for eviction of the tenant can an order be passed directing the tenant to vacate the premises” and also that that status of tenant does not stand obviated by the death of Kaur.
Thereby, ruling that “It is the intervention of a legislative mandate which ensures to the benefit of the tenant. Once this has taken place, it was not open to the civil court to entertain a suit for possession founded on the hypothesis that the tenant is a trespasser." The Supreme Court ruled that civil courts cannot grant possession when specific statutory enactments already specify grounds and process of eviction for tenants.
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