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RC (d)     06 November 2011

Tenant missing but his family stays.(how to get eviction)

 

Hi all.
 
 1.We have a property in delhi, it was rented to Mr A in 2007 for 10,000/ PM, 11 months court registered lease deed,rent received through cheque.
 
2.after expiry of this agreement another agreement for 11months was executed(registered) and rent was incresed by 10%(11000). rent received through cheque.
 
3.before the expiry of 2nd agreement the tenant informed us that he would like to continue with his possesion and it was agreed that another lease deed for 11months with an increse in rent by 10%(12100) will be executed. subsequently stamp papers  were purchased for this purpose. but the tenant Mr A due to some work left delhi without executing the lease deed, leaving his family in possession of the property.on his wife's request it was agreed (verbaly) and the rent was received trough Cash.
 
4.after the expiry of these eleven we were informed by the wife of MrA that Mr A is in the process of purchasing his own house and another extension of eleven months be given to them with an increse in the rent by10%(13310). and it was agreed verbaly because of the unavailability of Mr A it was agreed that rent be paid in Cash.
 
5. even after the expiry of these eleven months the wife of  Mr A requested for another extension til Oct 2011 with an increase in the rent by 10%(14641)  rent received trough cash.and subsequently we got an undertaking from her that she will vacate the place on Oct 2011. In the mean while we got information that Mr A and his wife are not on good terms and that Mr A has abandoned his family because his wife was involved with some other person who visits his house in his absence on a daily basis.  Mr A is living with his Father in their own house in delhi.and because the time in the undertaking has expired. How can we get them to evict our property?.


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 4 Replies

Kiran Kumar (Lawyer)     06 November 2011

you can get them evicted from the said property as per the provisions of Delhi Rent Act.

 

better would be to make out a ground for personal necessity of the premises.

1 Like

RC (d)     06 November 2011

Thank you for yor reply,

Sir i wanted to know that I should send the notice for termination  to Mr A  or to his wife or to both of them.

Rajeev Kumar (Lawyer/Advocate)     06 November 2011

You should send notice to both of them and act according to Kiran advise.
1 Like

RC (d)     06 November 2011

Thanks Sir

What if Mr A fails to respond to the notice and only his wife responds can she stay in the premises even if her husband Mr A(the orignal tenant wants to hand over the posession)


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