#Eviction Jurisprudence

Bombay High Court rules that Overseas Citizen of India (OCI) cardholders are protected under the Senior Citizens Act 2007, even when the property is a shared household under the Domestic Violence Act. The Court held that eviction orders must balance the rights of senior citizens with those of daughter-in-law occupants, restoring the Maintenance Tribunal’s order for unrestricted access without eviction.

Bombay High Court held that protection orders under the Domestic Violence Act prevail over eviction directives under the Senior Citizens Act when the premises are shared and domestic violence proceedings are pending. The ruling safeguards a victim’s residence rights, even if the property is owned by senior citizens, ensuring legal recourse against harassment is not undermined by parallel eviction claims.

The Bombay High Court has ruled that under Section 15 of the Maharashtra Rent Control Act, 1999, a tenant’s failure to deposit the complete arrears, interest, and costs as mandated - even by a small amount - is a fatal default that disqualifies them from seeking protection against eviction. This removes any lingering ambiguity about minor discrepancies, reinforcing strict statutory compliance as a non-negotiable condition for tenancy survival.

Madras HC rules that eviction under the Tamil Nadu Tenant Protection Act requires strict compliance with Section 3(4)(b) notice for rent arrears and proof of disuse via Chitta and Adangal revenue records. Eviction on disuse grounds upheld, but rent default eviction quashed for procedural non-compliance, reinforcing tenant protections.