Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Navit Bansal (Student)     12 January 2014

How to evict a permissive tenant

I Need Help. This is for a Delhi based property.

A man(widower) allowed a widow to live on the first floor of his house, himself residing at the ground floor in 2001. He is registered owner of both floors. There is no rent agreement or exchange of rent as the widow was a permissive user.

This man expired in 2010, leaving behind one son aged 19 years. Wife expired much earlier. Now the son wants to get the property evicted by this widow. He approached her with request to evict the property or pay rent but she plainly refused to both citing that his father wanted her to occupy the property even after his death, so she will not evict.

I repeat, there is no agreement or any rent receipt to prove a tenant - landlord relationship. Approximate market rent for similar properties in the area is 10,000 per month

Please tell me the complete procedure to get this property evicted citing the relevant sections.

Also, please tell me the applicable court fees (with calculations) and how it can be minimized as the orphaned son has no means of earning and he wants the first floor to be evicted so that he can rent it to someone and make some earnings.

I spoke to a senior lawyer and he suggested that a suit for possession will have to be filed with court fee based on market value of the property. That would not be possible because the market value of the property is 25 lacs and this boy has absolutely no means to pay such high court fees.

Experienced lawyers, please help with some suggestions.



Learning

 3 Replies

Rajeev Kumar (Lawyer/Advocate)     12 January 2014

With his financial crunch file a petion of pauper suit alongwith possesion suit for condoning the court fee which totally depends the discretion of court either to allow or reject pauper suit.

Rajeev Kumar (Lawyer/Advocate)     12 January 2014

With his financial crunch file a petion of pauper suit alongwith possesion suit for condoning the court fee which totally depends the discretion of court either to allow or reject pauper suit.

Rajeev Kumar (Lawyer/Advocate)     12 January 2014

With his financial crunch file a petion of pauper suit alongwith possesion suit for condoning the court fee which totally depends the discretion of court either to allow or reject pauper suit.
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