No Eviction Can Be Ordered Even If The Parties Had Entered Into A Compromise: SC [Read Judgment]

‘Unless and until ground seeking eviction in terms of the concerned contract is made out, no eviction of a tenant can be ordered, even if the parties had entered into a compromise.’The Supreme Court has held that, in cases where protection under the Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even if parties had entered into. ‘Unless and until ground seeking eviction in terms of the concerned contract is made out, no eviction of a tenant can be ordered, even if the parties had entered into a compromise.’ The Supreme Court has held that, in cases where protection under the Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even if parties had entered into a compromise. The apex court bench comprising Justice Abhay Manohar Sapre and Justice Uday Umesh Lalit, referring to provisions of the Tamil Nadu Buildings Act, 1960, observed that the eviction can be ordered only if the concerned Rent Controller or Court is satisfied that the ground seeking eviction is made out and that unless and until ground seeking eviction in terms of the concerned contract is not made out, no eviction of a tenant can be ordered, even if the parties had entered into a compromise. Referring to some earlier decisions, the bench observed: “The common thread that runs through the aforesaid pronouncements of this Court is – in cases where protection under a Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even if parties had entered into a compromise.