If you are stuck in such a situation, here is what to do.

Mr. Kailash Prasad, a retired professor of 78 years residing in the city of Aloknagar, has been embroiled in a legal battle for the past nine years. He is trying to evict tenants from a commercial plot he owns. The tenants, a group led by a Mr. Sameer Gupta, not only refuse to vacate but have illegally sublet the property to several street vendors, causing significant distress to Mr. Prasad. He has had to change his legal counsel multiple times over the years due to the prolonged nature of the case.

Recently, the Civil Court in Aloknagar, noting the extensive delay, ordered the parties to attempt a resolution through mediation, with a session scheduled in just a few days. Mr. Prasad is now in a state of confusion and anxiety. His current advocate is based in a different city and has not been very communicative, leaving him feeling lost. Mr. Prasad’s primary goal is to regain possession of his property. He is not in a financial position to offer any monetary settlement to the tenants. He is worried that this mediation order has effectively halted his eviction suit and is unsure what will happen if the mediation fails to produce a result.

Advice in such cases

When a court refers a long-pending case like an eviction suit to mediation, it is often seen as a way to expedite justice. Here is what you should do:

• Understand the Process: Mediation is a voluntary, confidential process where a neutral third party (the mediator) helps the disputing parties reach a mutually acceptable agreement. It is not a court hearing; the mediator does not pass a judgment but facilitates a conversation.
• Prepare Your Case: Even for mediation, you must be well-prepared. Clearly outline your main objectives. In this case, the objective is the eviction of the tenants and regaining possession of the plot.
• Define Your Boundaries: Be clear about what you are willing to negotiate and what is non-negotiable. If you cannot or will not pay a monetary settlement, this should be a firm boundary from the outset.
• Participation is Key: The owner (or his authorized representative) must actively participate. Your voice, concerns, and desired outcomes are central to the mediation process. The judge has ordered mediation, not a settlement.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Eviction cases are primarily civil in nature, but various laws can come into play. Understanding them is crucial for your case.

• The Mediation Act, 2023: This is the central legislation governing the mediation process in India. It outlines the procedure, the role of the mediator, the confidentiality of the proceedings, and the legal status of a settlement agreement reached through mediation. A settlement agreement under this Act has the same force as a court decree.
• The Code of Civil Procedure, 1908 (CPC): Section 89 of the CPC empowers courts to refer pending civil suits, including eviction cases, to alternative dispute resolution mechanisms like mediation if it appears there are elements of a settlement.
• State-Specific Rent Control Acts: Each state has its own Rent Control Act (for example, the Delhi Rent Control Act, or in this fictional case, the ‘Aloknagar’ Rent Control Act) that lays down the specific grounds on which a tenant can be evicted. These grounds are paramount in your eviction suit.
• The Transfer of Property Act, 1882: This Act governs the general principles of leasing property and the termination of leases, which is fundamental to any eviction case.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While the eviction itself is a civil matter, if the tenants are indulging in criminal acts like threatening the owner (criminal intimidation), damaging the property (mischief), or refusing to leave after the termination of the lease (which can sometimes be construed as criminal trespass), a separate criminal complaint can be filed under the relevant sections of the BNS.

If you are the complainant

As the landlord (plaintiff/complainant) in an eviction suit, your position needs to be clear and assertive during mediation.

• State Your Primary Goal: Begin by stating that your non-negotiable goal is to regain vacant possession of your property.
• Present Evidence of Breaches: Have proof of the lease agreement violations, such as evidence of illegal subletting, non-payment of rent (if applicable), or nuisance created by the tenants.
• Reject Unreasonable Demands: If you are not in a position to pay a settlement, state it firmly and politely. The law does not compel you to buy your own property back from a tenant who has breached the lease terms.
• Focus on a Timeline for Vacating: A possible area for negotiation could be the timeline for the tenants to vacate the property. You might agree to give them a reasonable period (e.g., 30-60 days) to leave peacefully in exchange for a final, binding settlement.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

Feeling like a victim of the system and troublesome tenants is common, especially for senior citizens in protracted legal battles.

• Stay Composed: Mediation is a forum for dialogue, not confrontation. Maintain your composure and present your case logically. Emotional distress is understandable, but a calm demeanor is more effective.
• Do Not Be Pressured: The mediator’s job is to facilitate, not to force a settlement. Do not agree to any terms that you are uncomfortable with or cannot fulfill. You have the right to say no.
• Understand Your Rights: You have a right to a fair and speedy trial. Mediation is a tool to achieve that. If it fails, your right to have your case heard by the judge remains intact.
• Document Everything: Keep notes of what is discussed in mediation (for your own reference) and ensure any final agreement is meticulously documented and reviewed by your lawyer before you sign.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The role of the police in a civil eviction case is very limited. They do not have the authority to evict a tenant on their own. Their involvement is typically restricted to the following situations:

• To Maintain Law and Order: If there is a threat of violence or a breach of peace between the landlord and tenant, the police can intervene to prevent the situation from escalating.
• To Enforce a Court Order: The police will only assist in the eviction process if there is a specific order from the court directing them to do so, usually at the final stage of execution of an eviction decree.
• To Investigate a Criminal Complaint: If a formal criminal complaint (FIR) is filed regarding offences like criminal intimidation, trespass, or willful damage to property under the Bharatiya Nyaya Sanhita (BNS), the police will conduct an investigation as per the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita (BNSS).

FAQs people normally have

• What exactly is mediation?

  Mediation is a structured, confidential negotiation process where a neutral mediator helps the parties involved in a dispute to communicate and find a mutually agreeable solution. It is an alternative to the traditional court process.

• Does the mediation order mean my eviction case has stopped?

  No. Your case is not stopped or closed. It is temporarily paused while the mediation is attempted. The court has simply referred it to another forum to see if a faster resolution is possible. The case remains active on the court’s file.

• What happens if no solution is reached during mediation?

  If the parties cannot reach an agreement, the mediator will file a “failure report” with the court. Upon receiving this report, the court will resume the hearings in your eviction case from the stage where it left off.

• Will I be forced to pay the tenants money to leave?

  Absolutely not. You cannot be forced to pay anything. Mediation is voluntary. If the tenants demand money and you refuse, no agreement will be reached, and the case will return to the court. Your financial inability to pay is a perfectly valid reason to reject such a demand.

• Will I have a say in the mediation?

  Yes. You are the primary party. Your participation and consent are essential. The entire process revolves around what you and the other party are willing to agree to. You and your lawyer will be present and will put forth your side of the story and your desired outcome.

What evidence is required?

For the eviction suit and the mediation, you should have all your documents in order. The primary evidence includes:

• The original lease or rent agreement.
• Proof of ownership of the property (title deeds).
• Evidence of the grounds for eviction (e.g., photographs or witness testimony of subletting, bounced cheques for rent, etc.).
• A copy of the legal notice sent to the tenant to terminate the tenancy.
• Any correspondence between you and the tenant.

How long will the investigation take?

For a civil case, the term is “proceedings” rather than “investigation.” The timeline can be broken down as follows:

• Mediation: Court-referred mediations are typically time-bound. The process may last from a few hours to several sessions spread over a few weeks, as directed by the court or the mediation centre.
• If Mediation Succeeds: A settlement agreement can be drawn up and signed within days, then submitted to the court to be passed as a final decree. This is the fastest route.
• If Mediation Fails: The case returns to the court. Given that the case is already old, it may be given some priority, but the timeline will depend on the court’s docket, the number of witnesses to be examined, and other procedural formalities. Unfortunately, it can still take more time.

Advocate Sudhir Rao, Supreme Court of India