State · Delhi

Section 3 of The Delhi (Urban Areas) Tenants Relief Act, 1961 in hindi

(1)After the commencement of this Act, no person shall be liable to be ejected from any land held by him as tenant except on one or more of the following grounds, namely:--
1. (a)that a decree for arrear of rent due in respect of the land remains unsatisfied after the expiry of the period allowed therefor;
2. (b)where rent is payable in kind, that he has without sufficient cause failed to cultivate the land;
3. (c)that he has sub-let or otherwise transferred the whole or any part of the tenancy in contravention of any law for the time being in force or of any contract;
4. (d)that he has used the land in a manner which renders it unfit for the purpose for which it was let.
(2)Without prejudice to the provisions of sub-section (1) but subject to the provisions of any law for the time being in force or of any contract between the parties, a tenant may be ejected from the land held by him by a land-holder,--
1. (a)in any case where the land-holder is a religious or charitable institution, on the ground that the institution requires the land bona fide for use for a non-agricultural purpose in furtherance of its objects; and
2. (b)in any case where the land-holder was a person under disability at the commencement of the tenancy, on the ground that he requires the land bona fide for cultivation by himself or for building a dwelling house, a cattle shed or business premises for use by himself or any member of his family and the proceeding for ejectment is instituted during the period when he is under disability or within two years from the date when he cases or has ceased to be under disability: Provided that no proceeding shall lie under this sub-section in respect of any share of land unless the share has first been partitioned by metes and bounds. Explanation.-- For the purposes of this section, the disability of a person shall cease,--
3. (a)in the case of a widow, if she re-marries, on the date of her re-marriage or if any person succeeds to the widow on her death, on the date of her death;
4. (b)in the case of a minor, on the date of his attaining majority;
5. (c)in the case of a woman who is unmarried or who is divorced or judicially separated from her husband, on the date of her marriage or re-marriage, as the case may be, or in the case of a woman whose husband is a person falling under clause (d) or (e), on the date on which the disability of the husband ceases;
6. (d)in the case of a person who is a member of the Armed Forces of the Union, on the date of his discharge from service or of his posting to the reserve;
7. (e)in the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist;
8. (f)in the case of a person who is prosecuting studies in a recognised institution, on the date when he ceases to prosecute studies in that or any other recognised institution;
9. (g)in the case of a person under detention or undergoing imprisonment, on the date when he is released from detention or imprisonment.

Summary

Tenants can only be evicted on four basic grounds: failing to pay a court-ordered rent debt within the allowed time, failing to farm the land without a good reason when rent is paid in crop shares, illegally sub-letting or transferring the land, or damaging the land so it cannot be used for its original purpose.
A religious or charitable institution can evict a tenant if it honestly requires the land for non-farming purposes to help achieve its institutional goals.
A land-holder who was under a disability when the tenancy started can evict a tenant if they honestly need the land to farm themselves or to build a home, a cattle shed, or a business space for themselves or their family.
This eviction by a disabled land-holder must be started while they are still disabled or within two years after their disability ends.
If the land is shared, the landlord cannot start eviction proceedings until the land is officially divided (partitioned by metes and bounds).
A person's disability ends on specific events: a widow's ends on re-marriage or death, a minor's on turning eighteen (attaining majority), a student's when they stop studying, a soldier's on discharge or reserve posting, a prisoner's on release, a disabled person's when their health issue ends, and a separated or unmarried woman's on marriage or re-marriage.

Practical examples

1Dev is a tenant who pays rent in crops. In 1963, he goes on vacation for a year and leaves the land completely uncultivated without any valid excuse. His landlord, Anil, can file to evict him under Section 3 because Dev failed to cultivate the land where rent is paid in kind.

2Kamla, a widow, inherited a piece of land and let it to Gopal in 1962. In 1965, Kamla decides she wants to farm the land herself. Since she is still a widow, she is under a disability and can file a case to evict Gopal to reclaim the land for her own cultivation.

3Sunil is a tenant on a shared family farm. His landlord, a local charity, wants to evict him to build an office. However, the land has not been formally divided among the co-owners yet. The charity cannot evict Sunil until the land is partitioned by metes and bounds.

FAQ

1. On what grounds can a normal landlord evict a tenant under this law?

A landlord can only evict a tenant if there is an unpaid court order for rent arrears, if the tenant failed to farm land where rent is paid in kind, if the tenant sub-let the land illegally, or if the tenant damaged the land making it unfit for its purpose.

2. Can a religious institution evict a tenant to use the land for a non-agricultural purpose?

Yes, if the institution honestly requires the land for a non-agricultural purpose that helps carry out its charitable or religious objects.

3. What is the deadline for a previously disabled landlord to evict a tenant?

The eviction case must be started while the landlord is still under the disability, or within two years from the date their disability ends.

4. Can a disabled landlord evict a tenant from a shared piece of land?

No, they cannot start any eviction proceedings for a share of land unless that share has first been physically and officially divided (partitioned by metes and bounds).

5. When does a student's disability status end under this section?

A student's disability ends on the exact date they stop studying at their current or any other recognised institution.

Test yourself

Q1.Which of the following is a valid ground to evict a tenant under Section 3?

Q2.If rent is payable in kind, a tenant can be evicted if they:

Q3.A religious or charitable institution can evict a tenant if it honestly requires the land for:

Q4.For a landlord who was a minor, within what time frame must they file for eviction after reaching majority?

Q5.Under what condition can a landlord seek eviction for a shared portion of land under Section 3(2)?

Q6.When does a widow's disability cease under this section?

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State · Delhi

Section 3 of The Delhi (Urban Areas) Tenants Relief Act, 1961 in hindi

(1)After the commencement of this Act, no person shall be liable to be ejected from any land held by him as tenant except on one or more of the following grounds, namely:--
1. (a)that a decree for arrear of rent due in respect of the land remains unsatisfied after the expiry of the period allowed therefor;
2. (b)where rent is payable in kind, that he has without sufficient cause failed to cultivate the land;
3. (c)that he has sub-let or otherwise transferred the whole or any part of the tenancy in contravention of any law for the time being in force or of any contract;
4. (d)that he has used the land in a manner which renders it unfit for the purpose for which it was let.
(2)Without prejudice to the provisions of sub-section (1) but subject to the provisions of any law for the time being in force or of any contract between the parties, a tenant may be ejected from the land held by him by a land-holder,--
1. (a)in any case where the land-holder is a religious or charitable institution, on the ground that the institution requires the land bona fide for use for a non-agricultural purpose in furtherance of its objects; and
2. (b)in any case where the land-holder was a person under disability at the commencement of the tenancy, on the ground that he requires the land bona fide for cultivation by himself or for building a dwelling house, a cattle shed or business premises for use by himself or any member of his family and the proceeding for ejectment is instituted during the period when he is under disability or within two years from the date when he cases or has ceased to be under disability: Provided that no proceeding shall lie under this sub-section in respect of any share of land unless the share has first been partitioned by metes and bounds. Explanation.-- For the purposes of this section, the disability of a person shall cease,--
3. (a)in the case of a widow, if she re-marries, on the date of her re-marriage or if any person succeeds to the widow on her death, on the date of her death;
4. (b)in the case of a minor, on the date of his attaining majority;
5. (c)in the case of a woman who is unmarried or who is divorced or judicially separated from her husband, on the date of her marriage or re-marriage, as the case may be, or in the case of a woman whose husband is a person falling under clause (d) or (e), on the date on which the disability of the husband ceases;
6. (d)in the case of a person who is a member of the Armed Forces of the Union, on the date of his discharge from service or of his posting to the reserve;
7. (e)in the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist;
8. (f)in the case of a person who is prosecuting studies in a recognised institution, on the date when he ceases to prosecute studies in that or any other recognised institution;
9. (g)in the case of a person under detention or undergoing imprisonment, on the date when he is released from detention or imprisonment.

Summary

Tenants can only be evicted on four basic grounds: failing to pay a court-ordered rent debt within the allowed time, failing to farm the land without a good reason when rent is paid in crop shares, illegally sub-letting or transferring the land, or damaging the land so it cannot be used for its original purpose.
A religious or charitable institution can evict a tenant if it honestly requires the land for non-farming purposes to help achieve its institutional goals.
A land-holder who was under a disability when the tenancy started can evict a tenant if they honestly need the land to farm themselves or to build a home, a cattle shed, or a business space for themselves or their family.
This eviction by a disabled land-holder must be started while they are still disabled or within two years after their disability ends.
If the land is shared, the landlord cannot start eviction proceedings until the land is officially divided (partitioned by metes and bounds).
A person's disability ends on specific events: a widow's ends on re-marriage or death, a minor's on turning eighteen (attaining majority), a student's when they stop studying, a soldier's on discharge or reserve posting, a prisoner's on release, a disabled person's when their health issue ends, and a separated or unmarried woman's on marriage or re-marriage.