Sending notice to the tenant before filing the eviction peti

Respected prominent members of this forum, request you to please provide your response on the question asked above regarding sending / not sending a notice to the teanant before filing the petition which will come under DRC. Thanks

@Ambu Sharma:  An eviction petition will not be entertained by the DRC without having given a mandatory notice by the landlord to the tenant to vacate the premises for the reasons quoted therein. so the question of pros and cons do not arise because pre-eviction suit notice to the party is mandatory. Better consult a local lawyer and take his further advise before proceeding thereon.

@K C Nautiyal: Firstly use a separate thread to post your own query, use other's thread for replying to their query alone.  

Now to your query:  For recovery of possession of your premises, you can, if  the premises let for commercial purpose are required bona fide by the landlord for occupation  for himself or for any member of his family dependent on him, if he is the owner thereof, or for any person for whose benefit the premises are held and the landlord or such person has no other reasonably suitable commercial accommodation to carry out his business to earn his bread for survival;issue a notice to the tenant to vacate and hand over possession by allowing him a reasonable period for closig down his business in the premise and handing you the vacant possession, subsequent to non-compliance, you may fle an eviction suit.

Thanks T Kalaiselvan for your response.

Couple of the lawyers I have consulted in Delhi has said that sending the notice is exempted if you have a bonafide need and if the case comes under the DRC act ( sec 14(1) [e]).

Though I am thinking of going with both the charges i.e. bonafide need and non payment of rent (more than 2 years). He send me the money order in May 2012 and in Sept 2013 which I refused.

The commercial shop has remain closed for almost since the tenancy started which is some 26 years back and is hardly open. Currently the shop is not in active use and is closed.

If I have to send a legal notice to the tenant then what is the minumum time period as per the law that is to be given to the tenant in this case and what are things that can put in the notice.

There are 2 shops in my property and 1 is in my possession which I am using as a store room (again without electricity).

Thanks

Ambuj

Thanks a lot Mr T Kalaiselvan for your response.