Which date to considered
Krishna
(Querist) 28 January 2015
This query is : Resolved
I have filed an eviction petition on my tenant on bonafide need for my son. i have given a notice in the year 2000 but filed an eviction petition in year 2003 because tenant is my close relative, so i tried through relatives that without going to court, he vacates the premises but the negotiation failed. so it compel me to file an eviction suit in year 2003. Now he has produced the PAN No. print out taken from the internet and tried to show the that my son is not employed. My lawyer said holding a PAN card in 2014 will not affect you but have to prove that your son doesn't have the income when bonafide need is arise. Please tell me which date is to be considered for my bonafide need i.e. date of notice or date of filing an eviction suit. Please reply me urgently.
Advocate Bhartesh goyal
(Expert) 29 January 2015
Cause of action for bonafide need is continue from date of the notice to date of filing eviction suit.
T. Kalaiselvan, Advocate
(Expert) 30 January 2015
The suit filed later should contain the same cause of action that started with the notice so that the notice date can be taken into consideration because the lapse in between is three years and the reason for not pursuing the notice demand is to be justified in the suit.
