Short Answer

Yes, a society has the right to evict a tenant if the owner requests it.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers a cooperative housing society to evict a tenant if the owner requests it. This section allows the society to take action against a tenant who is not complying with the terms of the tenancy agreement or causing nuisance or disturbance to other members of the society. The society must follow the due process of law and provide the tenant with a notice of eviction, giving them a reasonable opportunity to rectify the situation before eviction.

In practice, the society can initiate the eviction process by convening a meeting of its managing committee to discuss the issue and decide on the course of action. The society should then issue a formal notice to the tenant, clearly stating the reasons for eviction and the steps they need to take to avoid eviction. If the tenant fails to comply within the specified time frame, the society can proceed with the eviction process through the appropriate legal channels.

Real-world Scenarios

• Scenario 1: Mr. Patel, the owner of a flat in a cooperative housing society, requests the society to evict his tenant who has been consistently defaulting on rent payments. The society follows the legal procedure, issues a notice to the tenant, and eventually evicts them after due process.

• Scenario 2: A tenant in a society is causing disturbances to other members by hosting loud parties late at night. Upon receiving complaints from other residents, the society takes action by evicting the tenant at the owner's request.

Reference

• Section 73 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]