Civil Procedure Code (CPC)

Should I start an eviction court case right now or wait ?

This query is : Resolved 

Guest (Querist)
29 January 2010

Should I start an eviction court case right now for my property in Delhi or should I wait for some time ?
I had 2 properties in Delhi,one is given on rent since 2003,since last 3 years the tenant is not paying rent.
The second property was being used by me only,I have sold this one 2 months back.
Now I want to file a court case for eviction of that property which has been given on rent by me.I don't have any other property in Delhi or any other part of India now.
Won't court suspect that I have sold the second property only to show that I don't own any property and thus to show that my need for rented property is bona fide?
Should I wait for some time or should I proceed right now ?

R.R. KRISHNAA (Expert)
29 January 2010

File the case immediately. You can take the defence that you sold the second property for your personal needs.

subhash kumar (Expert)
29 January 2010

you can filed the eviction petition right now

Parveen Kr. Aggarwal (Expert)
29 January 2010

For recovery of rent you must serve notice on the tenant. Regarding eviction petition on the ground of personal necessity, you will have to prove that there exists in fact a bona fide need and the justification for sale of the property and why the sold property was not used for your necessity. It will have to be shown as to why the tenanted property is more suitable to your needs than the sold property (e.g. nature of property - commercial or residential). The timing of filing of the petition will not be having much significance unless there is some peculiar fact to affect your bona fide to evict the tenant.

Sachin Bhatia (Expert)
29 January 2010

Filed the eviction petition immediately.

Guest (Expert)
30 January 2010

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