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Arun kumar (Executive)     03 October 2011

Tenant

Hi, We have a property in delhi in the name of my mother and we have rented our house in 2008. My father got retired in july 2008 and asked tenant to vacate our house which he refused and also filed a false suit against us for injunction and in court we told judge that we are not going to vacate him forcefully and now we have served a notice to him to vacate our house but he has not replied to our notice. We have a recieving reciept. Please help with the next step. Should we file a case in court asking him to vacate our house. Right now we are staying on rent. Will it be helpfull if we give medical reasons as both my mother and father are suffering from heart disease?



 4 Replies

rajguptacs (professional)     03 October 2011

If the rent for the tenancy is upto Rs. 3500/- p.m., the provisions of Delhi Rent Control Act  are applicable. In that case you can file suit for eviction under section 14(1)(e) of Delhi Rent Control Act.  This section is for summary/speedy procedure for eviction in case of bonafide requirement of the premises. 

In case rent for the renancy is above Rs. 3500/- p.m., you may file civil suit for eviction.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 October 2011

Dear arun

Mr. Raj Gupta is right, can you tell me, any rent agreement is executed by your side or not

Democratic Indian (n/a)     03 October 2011

Yes the eviction of tenant is not easy UNLESS done very carefully and intelligently. Mere bonafide need may not be sufficient to evict the tenant. Please read the replies of JSDN at the following links:

1) https://yedhulaprakash1.lawyersclubindia.com/forum/tenancy-litigation-2499.asp

2) https://ashoksharmachd.lawyersclubindia.com/experts/Eviction-of-Tenant-158856.asp

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 October 2011

Eviction of tenant is only in law books practically it is very difficult.

I had posted a story of USA about eviction of tenant which I repeat here in short.

One landlord in America in days of gold rush won a biggest suit in americam hisroty for eviction and damages from his tenants who became millioners by digging his soil which poured gold.

People hanged in sons , burnt the court and the judge barely escaped and the landlord died on the street of the capital shunting from one law maker to another proding then for enforcement of court orders.


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