EVICTION FROM TENANT -14D
Querist :
Anonymous
(Querist) 04 April 2011
This query is : Resolved
Dear Experts
What various documents required to file with the plaint in 14-D, Tenancy is old one in Delhi, Tenant expired leaving behind Wife, 2 sons, aginst whom to file the case. how much bright chances are there to evicitthe tenant.
Kindly also let me know the procedure of the case, means first we file the plaint and then respodents will file the reply and against will we get the chance to file the reply of the rejoinder and when we have to file the documents with our reply to respodent's rejoinder or with the plaint itself, kindly advise how we can avoid respodents to take/grant- leave to defend from court
Kindly clear my doubt, whether the widow landy herself required to let out the premises, I mean to know if the premises was let out by her father/ mother-in -law some years ago,and from whom the property is being trfd.to the widow(Daughter-in-law), can she file 14-D to evict the tenant.
Kindly also advise, when documents required to be filed
Thanks and Regards
H. S. Thukral
(Expert) 04 April 2011
right to take back the premises to a widow under section 14-D of the DRC Act occurs only when the premises were let out by her or her husband. law does not favour if the premises were acquired by transfer or purchase. the procedure is you file an eviction petition (formatted). tenant has to file leave to defend within a short time provided in the law. You file a counter affidavit and then replica then arg. If leave is granted then regular case by way of evidences follows. If leave is not granted eviction follows.
Jitendar Kumar gupta
(Expert) 04 April 2011
Section 14 D is applicable in the case if the tendency is let out by the husband and after his death the widow has got the right to get eviction order under Section 14 D of DRC act.
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