ATA Section 28 : Vacant Possession to Landlord
Act
Summary
Section 28 of The Assam Tenancy Act, 2021, addresses the recovery of vacant possession by landlords. It mandates that when a landlord's interest in a property is determined, and a Rent Court order is issued, all occupants must vacate the premises. This section ensures that the landlord or their legal heirs receive possession, overriding any conflicting laws, subject to specific provisions in Section 21(3).
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Explanation using Example
Example 1: Landlord's Right to Recover Possession After Lease Termination
Introduction: Mr. Sharma, a landlord in Guwahati, leased his property to Mr. Das for a period of three years. The lease agreement clearly stated that the lease would not be renewed automatically. Upon the expiration of the lease, Mr. Das refused to vacate the premises.
Application: According to Section 28 of The Assam Tenancy Act, 2021, Mr. Sharma can approach the Rent Court to obtain an order for the recovery of possession. The court's order will be binding on Mr. Das, requiring him to vacate the premises.
Outcome: If Mr. Das fails to comply with the court order, he may face legal action for non-compliance. The court may impose penalties or sanctions as per the relevant provisions of the Act.
Conclusion: Compliance with the court order is crucial for Mr. Das to avoid legal consequences. Mr. Sharma, on the other hand, can regain possession of his property legally and efficiently.
Example 2: Recovery of Possession After Landlord's Death
Introduction: Mrs. Roy, a tenant, was living in a rented apartment owned by Mr. Ahmed in Dibrugarh. Unfortunately, Mr. Ahmed passed away, and his legal heirs decided to sell the property. Mrs. Roy, however, refused to vacate the apartment.
Application: Under Section 28 of The Assam Tenancy Act, 2021, the legal heirs of Mr. Ahmed can file a petition in the Rent Court for recovery of possession. The court's order ...
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