sahil (team developer) 31 August 2012

Tenant

Hi Experts,

We have a property in delhi which is on rent since 2009 but tenant is not evicting that house. My father got retired from his job in 2009 and tenant filed a case for permanent injuction (which is now over) and we filed a case for eviction on the basis of bonafide needs as we do not have any other property and right now staying on rent. Tenant says that we want to evict him because of the less rent (which is not true). Since past 2 years he was not paying us a rent and now this month he sent us a money order which got accepted by one of our relative. My question is will that affect our case as he is saying that we want to evict him because of less rent. In his WS also he agreed that he is a Tenant and we are the Owner. Kindly advice

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4 Replies

Anish Thakur 7018812737 (advocate) 31 August 2012

dear querist,

court can not ignore the need of the landlord of his property for any purpose.see case reference in attched file.

Attached File : 968751298 gulshan rai vs. samrendra bose.pdf downloaded: 95 times

sahil (team developer) 31 August 2012

Thank you for yoru reply but I mainly want to know about the below query

Tenant says that we want to evict him because of the less rent (which is not true). Since past 2 years he was not paying us a rent and now this month he sent us a money order which got accepted by one of our relative.

I think judge will ask us why we are accepting rent when we want him to vacate our house?

Anish Thakur 7018812737 (advocate) 31 August 2012

respected querist,

you have nothing to worry about this , i have to know some more details regarding this,fel free to call on my contact number 9459321520.

ANKUSH (SELF) 02 September 2012

Refer Sec. 19 of DRC act, where its clearly written in case suit property is evicted for a particular purpose than same canont be re-let within 3 yrs. without rent controllers' approval else if same is re-let it can restore back to tenant. So till the time you do not relet for next 3 years after eviction - u need not worry as Sec. 19 takes care for tenant's bald plea.

Since u have now accepted rent so you might not be able to evict him on basis of non-payment of rent but since your case is of bonafide requiement [Sec. 14(1)(e)] so accepting of rent will not affect your case