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

  1. 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.

  2. 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.

  3. 03

    Drafting & Filing

    We draft pleadings, applications, and supporting documents with precision and file before the appropriate court or forum without unnecessary delay.

  4. 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.

  5. 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.

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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