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delhi rent control act 14(d)

(Querist) 24 November 2009 This query is : Resolved 
Can a widow owner get back her premises from tenant using 14d of Delhi rent control act-read full before answer? Please explain practical use of Section 14-d, which was inserted in 1988 in Delhi rent control act, according to which if a widow has given a property on rent and if she demands, she can get an immediate recovery of her property. Is it true?When I discussed with 4-5 different advocates, none was aware of this provision. Why is it so that most of the advocates don’t even know about this provision, is it not in practice and if yes why? What is the meaning of word “Immediate Recovery of possession”, how much “immediate” it is? Practically how much time is taken by courts to resole such cases i.e. cases filed by widows under section 14-d of DRC? Can I get some record of Court decisions and other proceedings of such cases during last one year? What if the complainant, i.e. widow dies during court cases? Would her children or legal heir be given the same value by the court or the whole scenario of the case will be changed and the case will go on dragging for decades? Actually my mom is that widow and I am his only son ? I am living along my mother&wife&child and she had a single property of three rooms in her name of which one room my father gave on rent to a widow woman with two child's.i know were she use to live earlier. now she is not even paying the rent, and harassing my mom in different ways? We never entered any written agreement with that tenant and we have never given him any receipt of rent also. Neither we nor he has any written proof of tenancy or rent mutually settled. Actually the rent of that property is below Rs. 3500/--per month. We are thinking of filing a suit against him under 14-D of DRC, we even fear that my mother may be killed by that tenant because she is living alone there in that house. Is there any provision of filing some summary suit in such cases through which we may repossess our property quickly? Please suggest the best, quickest & easiest legal way get our property’s possession back. Plz. help, we are in great trouble.Is my mother's witness compulsory?
Raj Kumar Makkad (Expert) 24 November 2009
Definitely the provision is summary in nature and you can get it applied by moving a specific petition mentioning therein all facts stated by you in detail. Definitely you shall get relief immediately. Take help of police if you feel any danger to the life of your mother.


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