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Trim   12 November 2017

Tenant died (under delhi rent control act)

I have one question. I had served legal notice to a tenant via speedpost at tenanted premises as well as at residential address mentioned in rent agreement. The notice form tenanted premises returned un-served but duly served at the residential addresss. No reply was sent to us within 60 period time. After that we had filed the eviction petition against the tenant under Delhi Rent Control Act. That during the course of proceeding, the brother of tenant came and verbally informed the court that the original tenant was already expired 3-4 years back. Court asked him to submit that in writting. But he left the court and never came back. Court send summon many time to him but not served as he evaded to receive. Then Court ordered us to bring the legal heirs of tenant (wife/ son/ daughters etc.) on record. As we were unable to find the name and address of legal heirs, court dismissed the same petition. Now What to do? How to find the name of legal heirs and their addresses when they are not living at the last known addresses and when the brother of tenant is also not disclosing the information? Pls help

 



 1 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     12 November 2017

I presume that you are the owner of a commercial property, let out to a tenant. You want to evict the tenant. You initiated eviction proceedings by filing Rent Control Petition against the tenant. You have not stated the reason/endorsement of postman, for non-service of notice. If the notice/summons from court were returned unserved for any reason or the tenant evades notice, then the Court has to order Notice through  "sustituted service", via paper publication. Then proceed with exparte and order eviction. This is the procedure.

Court cannot take note of oral representation of third parties. Unless, there is material proof of death of tenant, the court cannot direct the owner to implead the legal heirs. It is for the legal heirs to come to court and inform that they are the legal heirs and entitled to continue the tenancy and seek permission to contest the eviction petition.  


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