Tenant staying in the property from last 23 years and from last 9 years not paying the rent.
AMIT ANAND
(Querist) 08 May 2013
This query is : Resolved
Respected Lawyer,
My father is having a tenant in Delhi from last 23 years in the upper portion of a house(house is having just 2 rooms, 1 in each floor). Agreement been made in the 1st year only for 11 months, after that nothing been done, as we used to live at Punjab. Tenant from last 9 years not paying the rent(we hav his last cheque which got bounced). Now he with his wife(both are senior citizens keep on filing wrong complaints against us at police station). Now being my job in Delhi and father got retired(about 10 years back), we want to shift at Delhi, but tenant is not vacating the house and being 6 members in my family it is not possible to live in single room. What are the chances that we can won case of eviction? Please guide as my family members are in deep depression and our whole family is being shattered.
Thanks & Regards.
prabhakar singh
(Expert) 08 May 2013
When the lease expired but tenant continued in possession of leased premises then it became a case of 'tenancy at sufferance' for which the 'hold over' of tenant would be legally on the same terms as was agreed in 11 month's agreement.
What can we do for your own reluctance about non enforcement of your rights as landlord against your tenant where even rent dues have gone time barred.
The Delhi Rent Control Act, 1958. applies to the building.
The tenant can be evicted under section 14
proviso(a)and(e),after service of a notice
of eviction and demand of arrears of rent due up to date of notice,giving 30 days time to vacate and also claiming damages for period beyond notice to gather with telling bona fide need of requirement of premises by landlord retiree for his own occupation.
If the tenant does not obey notice(which he shall surely not) the landlord can file petition of recovery of possession before the Rent controller after two months of service of the aforesaid notice.
Rent due beyond three years have become time barred and no decree could be passed for that.
This is only guidance doing which services of a lawyer dealing eviction cases would be required.
Then visit a lawyer.
ajay sethi
(Expert) 08 May 2013
agree with prbahakar singh ji . contact a delhi lawyer issue legal notice for eviction recovering arrears of rent and ask him to vacate the premises as you require it for personal use
Raj Kumar Makkad
(Expert) 08 May 2013
You can definitely get your property vacated on the basis of personal need and for that purpose issue legal notice demanding the entire arrears of rent with interest and vacation of the property within 30 days failing which file Rent petition as already suggested to you.
sibojyoti chakrabarti
(Expert) 11 May 2013
Dear Mr Anand,
Apart from filing an eviction suit, for recovery of possession, you can also claim the rent, along with interest which your tenant has not paid by filing a money suit before the Civil Court, within your jurisdiction.
With Regards-
Sibojyoti Chakrabarti
email- sibo.chakrabarti@gmail.com
ph- (0)9883122412
Dr J C Vashista
(Expert) 11 May 2013
You did not disclose basic facts of case for applicability of Delhi Rent Control Act, 1958 such as where is the property situated in Delhi,what was the rate of agreed rent, did your ever ask the tenant to pay the rent and/or possession of demised premises,whom did you authorise to collect rent during the time the tenant was paying rent.
prabhakar singh
(Expert) 11 May 2013
I think this site is not to make these kind of advertisements as made above and copy pasted below:
"Sibojyoti Chakrabarti
emial- sibo.chakrabarti@gmail.com
ph- (0)9883122412"
IT LOOKS CHEAP AND BELOW DIGNITY OF A LAWYER.RULES OF PRACTICE ALSO BAR IT.
sibojyoti chakrabarti
(Expert) 11 May 2013
Dear Mr Singh, this is not any advertisement for your kind information, this is only my contact information, but from now onwards i will not use the same.
I hope to make myself clear, in this aspect.
