Introduction:
Illegal occupant is a person who enjoys the property of the landlord perpetually at the cost of the landowner and against his will. Illegal occupants enter into the property with the express or implied consent of the landlord or landowner. But they refuse to vacate the property on-demand or as per the promises made to the landowner in the contract. They are also known as Squatters. Squatters are the persons who occupy and reside in the property of the owner without permission. They occupy the property after the termination of the tenancy.
There is often a situation where the occupant does not give back the property to the landlord. We often hear stories that a person owns an independent house. He decides to lease out the second floor of the house. Supposedly, the tenure of the agreement was two years. Six months later, the tenant decides to bring one more person to his floor without informing the landlord about it. They refused to vacate the house, even after the termination of tenancy. This is known as the illegal occupation of the property. The question often arose that what should the landowner to do for tenancy eviction.
Legal ways to evict the illegal occupants
There is an agreement between the landlord and the tenant before handling the property. This agreement is known as a rent agreement. The rent agreement contains various terms and conditions for the lease of the property. It contains how the leased property is to be used, the tenure, the rent to be paid per month, etc. There is also an eviction clause mentioned which is very important in case of disputes.
The tenant can be evicted from the property only by two means. Firstly, the tenant can be evicted once the lease agreement is over. Secondly, the landowner can terminate the lease by sending the legal notice to the tenant under Section 106 of the Transfer of Property Act, 1882[1]. In both of these situations, if the tenant does not vacate the property, the landlord can file a suit for eviction in the district court.[2]
Under section 5 of the Specific Relief Act, the owner of the property can get the possession by title. They can file a claim in the court based on the title of the owner. A person who does not have any such title, but was previously in the possession of the property, can file a suit for possession within 6 months from the date the possession was taken away from him.[3]
Adverse Possession
There is a period of limitation under the Limitation Act, 1963. If the owner of the property does not stake the claim over his property for 12 years, then the illegal occupant or squatter can acquire the legal rights over the property. The squatter has to prove uninterrupted occupancy over the property for the entire period. This is known as adverse possession. This doctrine states that a person who does not hold or own a property but is in possession may also have a legal title over the property if the conditions laid down under possession laws are met. In India, any person in possession of a property for more a period of 12 continuous years can claim adverse possession over it.[4]
The squatter has to prove that he has been the sole occupant of the property. The squatter will also have to let his intentions known to the owner, with an element of hostility into his action. Starting reconstruction work, for instance, would amount to a squatter’s attempt to claim ownership.[5]
This ruling has been changed in the case of Dagadabai (Dead) by Legal Representative vs. Abbas[6]. The Hon’ble bench of Justices R K Agrawal and A M Sapre said that “The true owner has to be made a party to the suit to enable the court to decide the plea of adverse possession between the two claimants,” “It is only thereafter and subject to proving other material conditions with the aid of adequate evidence on the issue of actual, peaceful, and uninterrupted continuous possession of the person (squatter) over the suit property for more than 12 years to the exclusion of the true owner with the element of hostility in asserting the rights of ownership to the knowledge of the true owner, a case of adverse possession can be held to be made out,” the order read.
The Public Premises (Eviction of Unauthorised Occupants) Act, 2019 makes the illegal occupants to pay damages to the government on a monthly basis if the eviction order is challenged in the court of law. The act ensures speedy eviction of illegal occupants on the government accommodation.[7]
Conclusion
There are many ways to handle and evict the illegal occupants on your property. However, the landowner should not take any wrongful measures to evict the squatters such as arbitrary hike in rent, cut off basic utilities like electricity, water, locking mechanism, security, etc. of the leased property. The landowner should also not throw away the tenant’s belongings from the property. This is in view of the human rights of the tenants. There are various provisions in the laws that protect both landowner and tenant.
References:
[1] Section 106, Transfer of Property Act, 1882
[2] Ravi Kumar Diwakar, How to handle a tenant who refuses to vacate your property?, Times of India, Feb 7, 2019, https://timesofindia.indiatimes.com/business/india-business/how-to-handle-a-tenant-who-refuses-to-vacate-your-property/articleshow/67884887.cms
[3] Section 6, The Specific Relief Act, 1963.
[4] Shivi, How to deal with Wrongful/Illegal Possession of Property, July 05, 2018, https://www.legistify.com/blogs/view_detail/how-to-deal-with-wrongful-or-illegal-possession-of-property/
[5] Sunita Mishra, September 30, 2019, SC Ruling to make Adverse Possession Tougher, https://www.proptiger.com/guide/post/sc-puts-in-caveat-to-check-adverse-possession-by-squatters
[6] Dagadabai (Dead) by Legal Representative vs. Abbas (2017) 13 SCC 705
[7] Anisha Dutta, New law aims at speedy eviction of ‘illegal occupant’in govt houses, Hindustan Times, Sept 17, 2019, https://www.hindustantimes.com/india-news/new-law-aims-at-speedy-eviction-of-illegal-occupants-in-govt-houses/story-76saSRf2mFG7Nt7zhRJbgO.html
0 Comments