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tresspassing and rental agreement

(Querist) 19 November 2008 This query is : Resolved 
if someone is residing in a property and no agreement for tenant landlord is made and no rent receipt is there and the person is not vacating the house can house tresspassing will be registered against him
? or the landlord should file eviction petition in rent tribunal? what is the best way out and any judgement in relevance to this?
many thanks.
G. ARAVINTHAN (Expert) 19 November 2008
To evict the client, the Landlord have to initiate eviction proceedings before the Rent Control Court
Srinivas.B.S.S.T (Expert) 19 November 2008
Nope he can take the plea that there is oral agreement and the landlord is not in habit of issuance of receipts. The option for the landlord is to file a petition for eviction under the ground of willful default stating that the tenant is not paying the stipulated rent. The landlord can also seek the eviction under the ground that he wants the premises for his personal usage.
advocate satya (Querist) 20 November 2008
normally what is the procedure for it and how much time it will take? can anyone guide where are the rent tribunals are located in delhi and what is the juridiction for dwarka? is it a summary procedure or witnessing is done?
G. ARAVINTHAN (Expert) 20 November 2008
I differ from Srinivas Sir..

Since the landlord had admitted the occupancy of tenancy, the landlord must approach Rent Control Court to evict his tenant..
Own Use, Willful default, Additional accommodation be the grounds for eviction

Examination of the Witness is the base of this case.

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