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DRC act EVECTION under Section (14)(e)

(Querist) 22 September 2009 This query is : Resolved 
sir in Jan 2009 i deposited rent of Shop Rs40/Pm for 3yrs as demanded by landlord inthe court.he was demanding increase of 10% from 30 days after recieving notice i.e 12.12.09.I send increased rent for next one yr. through MO but he refused to accept.
now on May 2009 he filed for evection underbonafied use DRC Act(14)(e).He has taken plea that he needs shop for himself as he is senior citizen.and telling we are not using shop and attached Electricty bill with 0 unit as i am not using electrtict
Pls helpriven
Kiran Kumar (Expert) 22 September 2009
dear kk,

non payment of rent may not be a good ground for eviction but personal necessasity and non user of property are good grounds.

however pleading such grounds does not mean that such grounds can not be controverted, u can make out a case against these grounds.

but as far as personal necessity is concerned the inclination is towards the landlord these days.

better visit some local lawyer because without knowing the complete facts in detail, no lawyer can give u precise advice.

but without any prejudice my personal advice is try to compromise the matter with ur landlord, tenant does not become landlord or permanant user merely by way of long stay....the interpretation of rent laws has changed.riven
Raj Kumar Makkad (Expert) 22 September 2009
I endorse the best advice given by Kiran ji. Follow it in letter and spirit.riven
Bhumik Dave (Expert) 23 September 2009
Fully agreed with above ld.riven


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