ATA Section 21 : Eviction and Recovery of Possession

Explanation using Example

Example 1: Non-Payment of Rent

Introduction: Ramesh is a tenant in Guwahati, Assam, renting an apartment from his landlord, Mr. Sharma. According to their tenancy agreement, Ramesh is required to pay rent by the 5th of each month.

Application: In this scenario, Ramesh has failed to pay rent for the months of January and February. Mr. Sharma serves a notice of demand for payment of arrears as per Section 21(2)(b) of The Assam Tenancy Act, 2021. Ramesh does not pay the arrears within one month from the date of service of the notice.

Outcome: Mr. Sharma can apply to the Rent Court for an eviction order under Section 21(2)(b). If Ramesh pays the arrears within one month of the notice, as per Section 21(3), the eviction order cannot be made. However, if Ramesh fails to pay again for two consecutive months in the same year, he will not be entitled to relief under Section 21(4).

Conclusion: Compliance with rent payment deadlines is crucial. Non-compliance can lead to eviction proceedings, emphasizing the importance of timely rent payments.

Example 2: Unauthorized Structural Changes

Introduction: Priya rents a commercial space in Dibrugarh, Assam, from her landlord, Mr. Das. The tenancy agreement specifies that any structural changes require Mr. Das's written consent.

Application: Priya decides to expand her shop by knocking down a wall to create more space, without obtaining Mr. Das's written consent. This action falls under Section 21(2)(h) of The Assam Tenancy Act, 2021, whic...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.