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Tenant Eviction

Page no : 2

CA Vijay Kumar (Assitant Director)     04 February 2013

Hi Dears

I am looking perfect solution for the following questions

A tenant is living in let out property by paying rent Rs. 2000 PM for last 20 years with his wife and 3 adults child in small room situated at 2nd floor of the property and neither he nor his family members has alternative of residential house for living. First floor is also let out by landlord and this tenant of first floor is for 3 or three years.  Now landlord of the property which was acquired from the lady in 1987 allotted under The Displaced Persons (Compensation And Rehabilitation) Act, 1954, has filed a petition u/s 14(1)(e) of Delhi Rent Control Act, 1958 with stating that:

1 His married daughter can live on second floor to ease for going to Noida for his work place and cab facility would be available to nearest this house.

2. He, landlord, has a house built up to 3rd floor where he lives with his joint family and married brothers   and their wives and childrens. He also pleas that as per Hindi tradition and ritual, married daughter can’t stay with her parents.

 

Now I need the solution of the following

1 who has better need.

2. Landlord can file a petition  after 20 years under Limitation Act

3. Deemed ownership would be applicable for tenant under Transfer of Property Act, or As per Income Tax Act, or Wealth Tax Act.

4 This petition can stand under Delhi Rent Control Act, 1958.

5 This property can fall under Delhi Rent Control Act, 1958.

 Please Reply

Regards

asit (xxxx)     27 February 2013

Hi,

I have a commercial premises on rent from last 60 years.

The landlord last issued a rent receipt 20 years ago, after that he stopped taking rent. We have been continuosly after him to sell the property to us, but he is always evading on one pretext or other. The rent is a mere 50/- p.m. He is a big landlord and had almost a hundred proprties bequethed to him by his grandfather. He is one of the biggest landlords of delhi from pre-independence days.

He does not have a son, is retired and has 2 daughters , both married/ doing jobs and settled outside Delhi. The rent receipt is in my partynership firms name, the electricity bill however carries my great grandfather's name ( As the firm's name also starts with his name. Firms name is -Ram Kumar Suresh Kumar, The bill says only Ram Kumar, however since it is a godown, and mostly locked, the bill also has my shops address on it for delivery. I stated this factor as it might have an impact on the whole situation.

Now my query is - Can he evict us , and on which grounds.

what if he sells it to somebody else, will he qualify for bona fide need eviction suit.

Please help 


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