Application to the Controller for eviction under the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960

What such a document contains

No eviction except as the Act provides

A tenant is not evicted, whether in execution of a decree or otherwise, except in accordance with the section or the sections it names. Where the tenant denies the landlord's title or claims a permanent tenancy, the Controller first decides whether the denial or claim is bona fide, and on that finding the landlord sues for eviction in a civil courtSection 10(1), Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 (Act 15 of 1960)

An application to the Controller, heard before it is decided

A landlord who seeks to evict the tenant applies to the Controller for a direction, and the Controller decides after giving the tenant a reasonable opportunity of showing cause against the applicationSection 10(2), Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 (Act 15 of 1960)

A ground the section lists

Rent not paid or tendered within the time the clause fixes after it fell due; a transfer of the tenant's right, sub-letting, or a use other than the one the building was leased for, without the landlord's written consent; acts of waste likely to impair the building's value or utility; conduct that is a nuisance to other occupiers; another building secured, or the building left unoccupied for the period the clause states without reasonable cause; or a denial of the landlord's title that was not bona fideSection 10(2), Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 (Act 15 of 1960)

The particulars of the premises, the parties and the tenancy

The premises, the landlord and the tenant, the rent and the terms of the tenancy, and the facts the application rests on. Such documents carry these; the prescribed form is not read for this sectionConvention rather than law

The periods that attach to it

• The ground of default is that the rent due for the building was not paid or tendered within fifteen days after the expiry of the time the tenancy agreement fixes, or, with no such agreement, by the last day of the month following the one for which the rent is payable — Section 10(2)(i), Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 (Act 15 of 1960)

Not established

• The Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 states what the application is for and what it rests on. The form it takes, and the manner in which it is presented, are set by rules made under the Act by the State, and those rules are not established here.
• Within the days the Act fixes after a building falls vacant — on the landlord ceasing to occupy it, on the termination of a tenancy, on an eviction or otherwise — the landlord gives written notice of the vacancy to the officer the Government authorises, and a landlord who lets a building obtained for their own occupation is deemed to have failed to. What that notice contains is prescribed by rules, which are not established here.
• The Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 applies to the areas it names or the State Government notifies, and not to every building inside them — it exempts the classes its own sections and notifications exempt. Whether a particular building is inside the Act is not established here; outside it, the general law of leases in the Transfer of Property Act governs the notice and the ending of the tenancy instead.

What this guide is not

Of the points listed below, three are fixed by the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 (Act 15 of 1960) itself and one are convention — such documents carry them, and no provision read for this section requires them. This is a description of a kind of document and not a document — confirm the contents of any document in a particular matter with an advocate.

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