You are commenting using your Google account. You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email. Notify me of new posts via email. Skip to content. Abstract In the last few years, disputes related to property, land, and rent-related to those respective properties have increased progressively.
Introduction and Definition The terminology suit refers to the attempt to gain an end by a legal process which is a process instituted in a court of law for the recovery of a right or claim. Difference between a suit for eviction and a suit for ejectment Suit for Eviction Suit for Ejectment In a suit for eviction, there must be a landlord-tenant relationship.
In a suit for ejectment, there is no landlord-tenant relationship. The trials and proceedings of the suit of eviction are comparatively easier and require lesser time and effort. In a suit for eviction, there has to be an agreement for rent between the parties to the suit otherwise the court will dismiss the suit as such suit is maintainable under a suit for ejectment.
In a suit for ejectment, there is no agreement for rent between the parties to the suit. The suit for ejectment is more complicated and contested.
A suit for eviction is always filed against a tenant or lessee. A suit for ejectment can be filed against anyone trespasser, stranger, etc. Perspective under Indian or International scenario Under Indian law, a suit for eviction and a suit for ejectment is maintainable under the Transfer of Property Act, Tribhuvan Shankar v. Munisami Naidu v. Ranganathan AIR SC India [8] In this case , it was held that if the tenant states that he was unaware of the fact that who was the landlord does not take away the title of the actual landlord of that property.
The answer is there are many scenarios where the occupant had possession, but circumstances have changed. For example, the owner of the property may have allowed a child to reside in the home with them and now the owner has died, and that child opposes the sale of the property by the Estate and refuses access and entry to a realtor.
In some cases, there is a falling out amongst family members or friends and they refuse to leave the property. Another scenario may be that you purchased a bank owned property through a foreclosure sheriff's sale and the previous property owners are still living at the property and are not leaving without court intervention.
Sometimes, it happens when temperatures drop, and homeless persons become squatters taking up shelter in an abandoned house or even a garage. The squatter takes over property without the owner's permission. Removal of unauthorized occupants requires pursuit of an ejectment action. This action can be trickier. To pursue an eviction case, the individuals must have a tenant-landlord relationship.
This can usually be proven through the written rental contract. If the occupant has paid rent to the landlord, they are considered a tenant of the property. The eviction process takes place in a landlord-tenant court, which is why the tenant-landlord relationship is vital.
Ejectments occur when there is not an existing landlord-tenant relationship. Landlords may even attempt simultaneous eviction and ejection actions, on the chance the eviction action could succeed first. These complicated situations can be long and arduous for all. Although it might appear a landlord has the upper hand in an ejection action, some favorable outcomes for tenants may be achieved through litigation.
If you receive a notice of an ejection action, gather all your rental documents and contact a tenant attorney right away. Talk with a tenant lawyer in an obligation-free telephone consultation.
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