ATA Section 27 : Special Provision for Vacant Land

Explanation using Example

Example 1: Landlord's Right to Build on Vacant Land

Introduction: Mr. Sharma owns a piece of property in Guwahati, Assam, which he has rented out to Mr. Das. The property includes a vacant plot of land. Mr. Sharma plans to construct a residential building on this vacant land, as permitted by the local municipal bye-laws.

Application: According to Section 27(1) of The Assam Tenancy Act, 2021, Mr. Sharma can apply to the Rent Court to gain possession of the vacant land if Mr. Das refuses to vacate it. Mr. Sharma must demonstrate his intention to build and his inability to obtain possession through the tenancy agreement.

Outcome: If the Rent Court is satisfied with Mr. Sharma's application, as per Section 27(2), it may order the severance of the vacant land from the rest of the premises. The court may also place Mr. Sharma in possession of the land and adjust the rent for Mr. Das for the remaining property.

Conclusion: Compliance with this provision allows Mr. Sharma to proceed with his construction plans, while Mr. Das continues to occupy the rest of the property under adjusted terms.

Example 2: Legal Heirs Seeking Possession for Construction

Introduction: Mrs. Gupta, a landlord in Dibrugarh, Assam, passed away, leaving her property to her children....

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