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14(1)(e) of delhi rent control act

(Querist) 21 January 2017 This query is : Resolved 
my question is:

Is there any need to serve notice on the tenant regarding eviction on the ground of eviction for bona fife need before approaching the rent controller??
R.K Nanda (Expert) 21 January 2017
yes, send at least 1 month legal notice to tenant to evict tenanted premises.
Aditya Dev (Querist) 21 January 2017
But where in the act is it mentioned?? or it is a case law practice?

because in the act they have specifically mentioned some grounds where you have to send notice, for example under clause c in the delhi rent control act.

or the notice of transfer of property act is applicalble here??

please answer keeping in mind that the property falls under the Delhi Rent Conrol Act
Rajendra K Goyal (Expert) 21 January 2017
Academic query.

State material facts of the problem if any.

How are you concerned / related with the query?

Looks like examination question / moot court problem.
Sudhir Kumar, Advocate (Expert) 22 January 2017
WHAT IS THE CASE.

state the problem instead of setting question paper.
Aditya Dev (Querist) 22 January 2017
There are two shops in south ex that were given on rent for commercial purpose in 1974 for rent of Rs. 840/-. Now the landlord wants to evict the tenant because he needs the land for setting up shops for his sons for their livelihood. Right now (2016) the rent paid is 2750/-.

These are facts. So now in this case for his bona fide requirements does he need to send them a notice of eviction.

and please read section 25B of the drca.
adv.bharat @ PUNE (Expert) 22 January 2017
If your agreement is written form without any registration ..so u can go to court .if your agreement is not in written form but you are paying rent regularly either by cash or check or any mode .it shows u r tenant n u hv legal remedies.
Ms.Usha Kapoor (Expert) 23 January 2017
Agree with RK.Goyal.
Rajendra K Goyal (Expert) 26 January 2017
Discuss in detail with local lawyer, show him all related documents.
Aditya Dev (Querist) 06 February 2017
Mr. Nanda

i would like to ask you -

1. Bonafide requirement suits are governed by section 25b of delhi rent control act. In that section it does not ask the landlord to give notice as rent controller will have to issue summons. So why do you say that one month legal notice needs to be given??

2. Is the practice of giving notice optional or mandatory fir this ground??
R.K Nanda (Expert) 06 February 2017
tenant must also be given fair chance to vacate by 1 month legal notice even though not mentioned in 25 B of DRC.
R.K Nanda (Expert) 06 February 2017
i think now you must be satisfied.
R.K Nanda (Expert) 06 February 2017
i think now you must be satisfied.
R.K Nanda (Expert) 07 February 2017
now not a word of thanks?
Adv. Yogen Kakade (Expert) 14 March 2017
I agree with the experts.


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