Arun kumar (Executive) 28 August 2012

Tenant eviction

Hi, I have a question regarding a tenant eviction.

Tenant eviction case is going in delhi tis hazari court and the case is goin on from past 9 months and tenant has not paid the rent from past 2 years but now 10 days ago he sent a money order which was accepted by one of our relative. so, just want to know in what ways it can effect the eviction?? coz in his WS he has written that he is regularly payng us a rent and we are not issuing him a receipt and second reason he has written that we want him to evict the house because of less rent....whereas we want this for bonafide needs....as my father is retire and we do not have ny other property and staing on rent right now....need your valueable feedback....

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6 Replies

Advocate Bhartesh goyal (advocate) 29 August 2012

You have to prove your bonafide need of rented premises by cogent evidence it is immeterial plea of tenant that due to less rent premises is being evicted.During trial if rent is received it does not effect on the ground of default.

Arun kumar (Executive) 29 August 2012

thank you for your reply sir.. We have bonafide needs as my father is retired from a govt. service and we do not have any other property to live and we have also attached the notices we have recieved from the office to vacate the govt. premises.

Advocate Bhartesh goyal (advocate) 29 August 2012

"Landlord is best judge of his own requirement "your need seems genuine and bonafide so do not worry.

Anirban Gope (Advocate) 21 September 2012

Absolutely agree with Mr. Bhartesh Goyal. Acceptence of rent does not effect your proceeding. You have to prove your banafide requiremnet.

Somesh Mehra (XXX) 26 September 2012

Question: Can an unauthorised occupant be sued for rent ? Please advice !

(Guest)

Mr. Arun Kumar, first tell me how much rent are you fetching from the premises? is it above 3500? or below?

if it is below 3500/- then Delhi Rent Control Act 1958 will apply, and if the tenant doesnt pays the rent within 2 months of your notice then it is ground of eviction under section 14 of the Act.

secondly, presuming that the premises is fetching below 3500/-, the plea of bona fide requirement will be maintainable only is case when you need it for residential purpose and that you dont have any other residential premises to live.