DELHI RENT ACT
CA. NITIN KUMAR
(Querist) 13 October 2009
This query is : Resolved
ON WHAT GROUND A TENANT OF RESIDENTIAL PROPERTY RESIDING SINCE LAST 25 YEARS WITHOUT ANY DEFAULT CAN SAVE HIM/HERSELF FROM BEING EVICTED U/S14(e)
PLS ANSWER ASAP
THNX IN ADVANCE
REGARDS
CA.NITIN
Sachin Bhatia
(Expert) 13 October 2009
The kind of defenses which a tenant can raise in an eviction action depends upon the reason the landlord began the eviction action and the type of lease involved. Defenses may include the following:
1)The tenant offered to pay the rent before the eviction action began;
2)The landlord accepted rent after the eviction began;
3)The apartment was in an unsafe or unhealthy condition;
4) The tenant complained to the landlord or to code agencies before the eviction began;
5)The landlord didn't give the tenant proper notice of the eviction action;
6)The tenant (or someone in the tenant's immediate family) is elderly or disabled and lives in a building with five or more units.
H. S. Thukral
(Expert) 15 October 2009
Since you have asked for defence against eviction petition under section 14 (1)e ( DRC Act?) the defences mentioned by Sachin herein though hold good generally but you have to show basically two things in your application for leave to defend under 25-B
1 The requirement of landlord is not bonafide and the petition has been filed to enhance the rent
2. The landlord has suitable alternate accommodation or the accommodation available with him is adequate to meet his needs.
CA. NITIN KUMAR
(Querist) 16 October 2009
thanx sir,
and happy diwali to u and ur family.
now i would like to tell u all relevant facts:
1.we ar living in a residential property comprising a room on first floor. Ground floor is occupied by another tenant for commercial purpose.
2.we r living there since last 25 yrs.
3.till date no action or any legal proceeding has been taken agaisnt us.
4.my landlord lives abroad
5.to our knowledge and belief he athorised his brother to collect rent rent and other metter.
6. his(land lord) other bro and Sis also have property tenanted to other person since last 25-30 years.
7.But they filled case against them to evict u/s14(e) for bonadfide need.
8.in some cases they succeed and some is still pending.
now we want to know what precation we shold have to save ourself from eviction proceeding.
thanx in advance
Regards
Ca Nitin Kumar
H. S. Thukral
(Expert) 16 October 2009
Thanks for good wishes. I reciprocate from my heart.
There are no precautionery measures to be taken by you. You keep the information as to the properties of landlord and his family available with you handy. It will be difficult for your landlord to get the premises vacated for bonafide need of his brother.
