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Eviction under delhi rent control act

(Querist) 24 April 2013 This query is : Resolved 
I filed a case under the Delhi rent control act as the tenant in my house was not paying any rent to me and also was not vacating my premises even after number of reminders. on 14 April 2009 my lawyer filed the case against the tenant. However the tenant did not responded to the case. thereafter the lawyer from my side filed the petition for the eviction of the tenant. Now on 20 April 2013 my case was dismissed by the Court on the grounds that my lawyer filed the petition for eviction before the expiry of 60 days after the dispatch of notice as per section 15(7)of Delhi rent control act no one can file the said petition before expiry of 60 days.

Now i just want your help if there is any such order passed by any of the Hon'ble Court where the verdict has been given in the favor of the landlord when the petition for eviction was filed before the expiry of 60 days.
It would be a great help if i could get any kind of help in form of any such case decided in the favor of landlord.

I will be highly obliged.

Thanks and Regards

Raj Kumar Makkad (Expert) 25 April 2013
Search on indiankanoon.org because we do not provide desired judgments.

You can again serve legal notice for eviction and can again file the similar suit for eviction after expiry of 60 days based on your bonafide requirement. There is no bar to file afresh if you do not find the relevant judgment.

Neetu Gupta (Querist) 25 April 2013
Thank u sir for our guidance but just wanted to ask that if u can provide me the name of such case laws where even after violation of section 15 (7) of the delhi rent control Act the judgement was passed in the favor of Landlord so that i can go through them and can make my case strong enough.

I will be highly obliged.

Thanking You
prabhakar singh (Expert) 28 April 2013
Judgements are facts based and one applicable to facts of a particular case
can be searched only by lawyer conducting the case.


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