Builder cannot evict buyer over dues using Section 6: What HC ruling means
New Delhi, Mar 9, 2026
HC says payment disputes between builders and buyers cannot be settled through summary eviction under Section 6 of Specific Relief Act
A recent Bombay High Court ruling has clarified an important legal safeguard for homebuyers — builders cannot use summary legal remedies to evict buyers over payment disputes.
The case involved a Pune flat purchased in 2004.
The builder later attempted to evict the buyer through a suit under Section 6 of the Specific Relief Act. He claimed that an amount of Rs 46,000 was unpaid.
The high court ruled that the provision had been wrongly invoked and set aside the eviction order. It noted that the dispute was related to contractual payments rather than unlawful dispossession.
Legal experts say the ruling reinforces a key principle in property law.
Section 6 only for unlawful dispossession
Section 6 provides a limited and summary remedy to restore possession of property if someone has been illegally dispossessed, and it cannot be used to adjudicate ownership or contractual disputes.
“The provision is meant only for cases of forcible or unlawful dispossession and is designed to restore possession quickly without examining the title or contractual disputes,” said Rishabh Gandhi, founder, Rishabh Gandhi and Advocates.
Ankit Rajgarhia, designate partner, Bahuguna Law Associates, said that courts examining such cases look only at whether the plaintiff was in possession and whether the dispossession occurred within six months.
“Questions of ownership rights, contractual obligations or payment disputes fall outside the scope of Section 6,” Rajgarhia said.
Ashutosh K Srivastava, partner, SKV Law Offices, said that the provision is a “tightly-confined summary remedy” and cannot be used when disputes involve sale consideration, termination of agreements or title issues.
Payment disputes cannot justify eviction
Legal experts emphasise that possession given under a sale agreement cannot become illegal merely because of a payment dispute.
“A builder cannot evict a homebuyer merely because there is a payment dispute. Once possession has been handed over, it cannot be disturbed without following proper legal process,” Gandhi said.
Similarly, Himesh Thakur, associate partner, PSL Advocates & Solicitors, said the court made it clear that developers cannot invoke Section 6 to evict flat buyers over alleged unpaid amounts.
What builders can do instead
Where payment disputes arise, builders must pursue regular legal proceedings rather than summary eviction remedies.
“The appropriate course is to file a civil suit for recovery of dues, enforcement or cancellation of the agreement, or possession based on title,” said Shashank Agarwal, founder, Legum Solis.
Such proceedings allow courts to examine contracts, payment records and rights of both parties.
What homebuyers should keep in mind
Lawyers say documentation plays a critical role in protecting buyers in such disputes.
Homebuyers should:
· Maintain records of all payments and bank transfers
· Ensure the agreement for sale is registered
· Preserve allotment letters, possession documents and builder correspondence
“Strong documentation helps establish lawful possession and protects buyers if disputes reach court,” said Nikita Rathi, advocate, Delhi High Court.
[The Business Standard]
