Eviction & Tenancy
Eviction Lawyer in Delhi
Eviction petitions and suits for landlords, and a considered defence for tenants, with the right statute and forum identified before anything is filed.
Eviction in Delhi runs on two tracks. Older and lower-rent tenancies are governed by the Delhi Rent Control Act, 1958, under which a landlord can recover possession only on the grounds the Act lists, before the Rent Controller. Every other tenancy is governed by the Transfer of Property Act, 1882, and possession is recovered by a civil suit after a valid notice. Filing on the wrong track is the commonest early mistake, and it costs months. We act for landlords who need their premises back and for tenants who have been served a notice or a petition, and we begin by establishing which track the tenancy is on.
Which Law Governs the Tenancy
Section 3(c) of the Delhi Rent Control Act, 1958 takes premises out of the Act where the monthly rent exceeds Rs 3,500. A large share of present-day Delhi tenancies, residential and commercial, are therefore outside it, and the landlord's remedy is a civil suit under the general law. Where the rent is at or below that figure, the Act applies and the civil court has no jurisdiction; the petition lies before the Rent Controller of the district in which the premises are situated. The contractual rent, the date of the tenancy, who the landlord is and whether the occupier is a tenant or only a licensee all have to be established first. A licensee, such as an occupier under a leave and licence agreement, has no tenancy and no protection under the Rent Control Act. The Delhi Rent Act, 1995 was passed but has never been brought into force, so the 1958 Act remains the operative statute.
Grounds for Eviction Under the Rent Control Act
Section 14(1) permits an eviction order only on the listed grounds, and the landlord must plead and prove one of them. The grounds most often used are: non-payment of arrears of rent within two months of a notice of demand under Section 14(1)(a); subletting, assigning or parting with possession without the landlord's written consent under Section 14(1)(b); use of the premises for a purpose other than the one for which they were let under Section 14(1)(c); and the landlord's bona fide requirement of the premises for himself or for a dependent family member under Section 14(1)(e), where the landlord has no other reasonably suitable accommodation. The Supreme Court in Satyawati Sharma v. Union of India (2008) held that the bona fide need ground cannot be confined to residential premises and applies to non-residential premises as well. Other grounds, such as damage to the premises or the tenant acquiring other accommodation, are also in Section 14(1), and each has its own conditions. A tenant who pays or tenders the arrears and costs at the first hearing may, under Section 14(2), avoid an eviction order on the ground of arrears.
The Bona Fide Need Route and the Leave to Defend
An eviction petition on the ground of bona fide requirement is dealt with under the summary procedure in Section 25B. The tenant does not get an automatic right to contest. Within fifteen days of service of summons the tenant must file an affidavit stating the grounds on which the tenant seeks leave to defend, and the Controller grants leave only if the affidavit discloses facts that would disentitle the landlord to an order. If leave is refused, the Controller can pass an eviction order without a full trial. Against such an order no appeal lies; the remedy is a revision petition to the Delhi High Court under Section 25B(8). For a landlord the petition therefore has to set out the need, the family member for whom it is required and the absence of alternative accommodation precisely. For a tenant the affidavit is the main defence, and it has to be drafted with the same care as a written statement.
Eviction Suits Outside the Rent Control Act and Other Remedies
Where the Act does not apply, the landlord first ends the tenancy by notice under Section 106 of the Transfer of Property Act, 1882. For a month-to-month tenancy that is fifteen days' notice expiring with the end of a month of the tenancy, and a defective notice is a standing ground of challenge. A suit for possession with mesne profits follows in the civil court, or in the commercial court where the premises are used exclusively for trade or commerce and the dispute falls within the Commercial Courts Act, 2015, in which case the pre-institution mediation requirement of Section 12A has to be addressed. For a tenant, the law also restrains self-help. A landlord who changes the lock or cuts off water and electricity to force a tenant out acts unlawfully; Section 45 of the Rent Control Act lets a tenant covered by it apply to the Controller for restoration of essential supplies, and a tenant outside the Act can seek an injunction in a civil court. A tenant whose landlord refuses to accept rent can deposit it with the Controller under Section 27 of the Act, which protects against a later claim of default.
Why Samvid Law Chambers
Litigation Done With Discipline
- The governing statute and forum identified first: Rent Controller or civil court, by rent, date and status of the occupier
- Landlords and tenants both advised candidly, including on arrears, subletting and bona fide need
- Section 106 notices and Section 25B affidavits drafted to the grounds that decide the case
- Chambers at Rohini Court Complex and the Delhi High Court, with appearances before Rent Controllers across the Delhi district courts
How We Work
A Clear Engagement Process
- 01
Confidential Consultation
We begin with a one-to-one consultation to understand the facts, review your documents, and identify the legal issues at stake. Everything you share is held in strict confidence.
- 02
Case Strategy & Legal Opinion
Our team prepares a written legal opinion outlining the merits, possible remedies, timelines, and an honest assessment of risks. You decide how to proceed with clarity.
- 03
Drafting & Filing
We draft pleadings, applications, and supporting documents with precision and file before the appropriate court or forum without unnecessary delay.
- 04
Court Representation
Senior advocates appear at every hearing, argue interlocutory and final matters, and keep you informed after each appearance with a written update.
- 05
Enforcement & Closure
Winning the order is only half the work. We execute decrees, enforce judgments, and follow through until the relief reaches you in practical terms.
FAQ
Frequently Asked Questions
- It applies only where the monthly rent is Rs 3,500 or less, because Section 3(c) excludes premises with a higher rent. Government premises and some other categories are also excluded. If the Act does not apply, the Transfer of Property Act governs and the landlord must sue in a civil court after a valid notice. We check the rent, the tenancy documents and the history before advising on a forum.
- Where the Rent Control Act applies, only on the grounds in Section 14(1), such as non-payment of arrears after notice, subletting without written consent, misuse of the premises and bona fide requirement. Where it does not apply, the landlord needs only to end the tenancy by a valid notice under Section 106 of the Transfer of Property Act and then sue for possession.
- Under Section 14(1)(a), a landlord who seeks eviction for arrears must first serve a notice demanding them. The ground arises only if the tenant neither pays nor tenders the whole arrears within two months of service of that notice. A defect in the notice or in its service can defeat the petition, so the notice should be drafted and served with care.
- Within fifteen days of service of summons you must file an affidavit seeking leave to defend under Section 25B. If the affidavit raises no triable issue, leave is refused and the Controller can order eviction without a trial. This period is short, and it is the point at which most tenants lose the chance to contest, so legal advice should be taken as soon as the summons arrives.
- No. Forcible dispossession and cutting off essential supplies are unlawful. A tenant covered by the Rent Control Act can apply under Section 45 for restoration of supplies, and in either case the tenant can seek an injunction or restoration of possession through the civil court. The proper way to recover premises is through the Controller or a court.
- A licensee has no tenancy, and the Rent Control Act does not protect a licensee. The licence is revoked by notice, and the licensor then sues for possession in the civil court. Whether an arrangement is a lease or a licence depends on its substance, in particular whether exclusive possession was given for rent, and not on the label the parties used.
- Yes. A suit for possession is ordinarily joined with a claim for arrears of rent and for mesne profits, which is compensation for the period the occupier stays on without right. Mesne profits are often fixed by reference to the market rent, and the court can fix an interim sum while the case is pending.
- It depends on the forum and on whether the matter is contested. A bona fide need petition under the summary procedure is designed to be shorter than a civil suit, while a contested civil suit followed by an appeal and execution can take considerably longer. We give a realistic estimate after reading the documents and do not promise a date or an outcome.
Consultation
Discuss your matter with an advocate
Share the facts and current documents so the chambers can identify the forum, immediate risk and available next steps.
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