Whethr Eviction Notice be sent undr TPA or DRC,rent@3300/pm

Guest (Querist) 29 January 2010 This query is : Resolved
Whether the eviction notice to the tenent should be sent under TPA1882 or DRC,if the rent is 3300/- monthly?
I let out a DDA lease hold flat in 2005 which was built in 1991,Now I want to get it evicted for my bona fide need.The advocate prepared an eviction notice under Transfer of property act.
But I came to know that as the rent is below Rs.3500/-so our case falls under Delhi Rent Control Act.
Why my advocate has not even mentioned DRC in the notice?
Why 2 months notice under TPA only?
Is'nt my advocate committing some mistake ?
Tenant is not paying the rent also.Plz. help.

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Guest (Expert) 30 January 2010
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B K Raghavendra Rao (Expert) 30 January 2010
Instead of worrying why your advocate committed a mistake in his notice, it is advisable that you issue another notice and go ahead with the legal process to avoid unnecessary loss of time. As the rent falls below Rs. 3,500/- Delhi Rent Control Act applies.

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