Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Notice under TP Act for Eviction

Querist : Anonymous (Querist) 26 June 2010 This query is : Resolved 
Shri, Harbhajan Singh Thukral ji,

In your reply to my undermentioned query, which reads..,

Are you accepting rent from the tenant in ordinary course ?

I wish to state that I have not received any rents so far since the notive was served,

and they in turn filed a IA in July 2009 which is not disposed, that we are returning the rents sent by way DD.

Is that enough to file the EVICTION SUIT or should i sent another notice to that effect.

PREVIOUS QUERY:

Sir/Madam

I have given a notice for eviction u/TP act to my tenant in the year march 2009.

He was using the house for other than residential purpose and not paying rents.

A civil case for injunction is ruining parallel in the courts and is in trial stage.

My question is the CONTENTION for eviction is same, so should I give him another notice for vacating the premises OR

Is the notice served on him in the year 2009 march is sufficient as I intend to file a eviction suit shortly..

Pl clarify the legal status and remedies.

Thanks
adv. rajeev ( rajoo ) (Expert) 27 June 2010
Dont wait file suit for possession showing the reasonable grounds for what purpose it requires for you etc.,
Adv Archana Deshmukh (Expert) 27 June 2010
No need to give another notice, you can file a eviction suit now.
H. S. Thukral (Expert) 28 June 2010
There is no need to give a notice now. You can file the eviction petition. Further clarification is required in the matter. The tenancy is protected under the rent control act? If the tenancy is covered under rent control and your cause of action is non payment of rent, then since the tenant has sent you rent which you have not though accepted the cause of action does not survive. However the cause of action arising on use for other purposes, I am of the opinion no notice is required under the rent control act before filing eviction petition. ( I am claiming this on Delhi Rent Control Act. Pl check rent control act of your state). If you are proceeding under the TP Act, you have given notice as per requirement of law and now can proceed further with filing of eviction suit. If you give notice now then you deemed to have consented to his continuation as a tenant for this period and shall have to forgo damages/mesne profit for this period.
DEFENSE ADVOCATE.-firmaction@g (Expert) 03 July 2010
Moreover just alleging that tanent is using the premises other than residential is not enough ; you have to produce evidence that

1) You gave the premises for residential purpose.

2) And now the tanent is using it for commercial purpose with details of commercial activities.

OTHERWISE NO EVICTION POSSIBLE.


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