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Arun kumar (Executive)     21 March 2011

Tenant Eviction need good lawyer

Hi, We have a property in delhi and my dad is a sr. citizen property and got retired from a govt. job is in the name of my mother. Right now tenant is there (no written agreement b/w us.) who filed a case against us under section 39 and court has informed us that we cannot evict him forcefully and if we wish to do so then we need to send him an eviction notice and also need to file a case under rent controller. The rent for the said property was 6000/pm and right now we are staying on a rented flat. This is the only property we have. Tenant do not have any written proof of rent paid or any kind of agreement. I need a good lawyer who can help me with this and also let me know how much time it will take to evict a tenant.



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 8 Replies

M.Sheik Mohammed Ali (advocate)     21 March 2011

you have very good reason to evict the tenent even any one lawyer can successed  in your case , main reason is your live in rental house so you can put ank court we need that our house personal occupassion 

1 Like

H. S. Thukral (Lawyer)     21 March 2011

If you can prove that the rent is 6000/- pm you can terminate the tenancy by way of simple notice under the Transfer of property Act and get back the possession. If however the tenant claims the rent to be <3500 you have to proceed under the DRC act . Since you are yourself living in a tenanted premises you can claim the premises back citing bonafide need.even if the the tenant is covered under DRC Act. The procedure in case of bonafide need is swift and simple. there is also provision in the Act for getting eviction in case of Retiring employees of Govt. who are retiring or retired within one year.

In case you proceed under the Rent control Act and claim possession for bonafide need (Section 14(1) e) or under the Retiring Central or State Govt  employees bonafide requirement ( Section 14C) the proceedings should take minimum of one year . If you proceed under the TP Act the proceeding should take minimum of two years.  

1 Like

Arun kumar (Executive)     21 March 2011

thank you very much for your reply. Rent was coming to us through a third person who was one of our known.

but we do not have any rent slip or written agreement for the same. My father got retired in 2009 and since 2010 we are staying on a rented flat and govt. was also deducting market rent for the govt. flat where we stayed for nearly 11 months (after retirement). They have also issued us notices to vacate the house. Third person who was taking rent on our behalf is ready to appear in court and give details.

Arun kumar (Executive)     24 March 2011

please reply...I need your help

H. S. Thukral (Lawyer)     24 March 2011

Serve a legal notice under section 106 of TPA terminating the tenancy.  In the notice do mention amount of rent being received and your bonafide need. You can take a decision on receiving the reply whether to go under DRC Act or TPA.  Take the help of a lawyer in framing the contents of the notice.

Harsh (Advocate)     24 March 2011

Hello,
I would be able to assist in your case. You have to serve the legal notice for termination of tenancy under the provisions of Transfer Property (if rent is more than Rs. 3,500/-) or Delhi Rent Control (if rent is less than Rs. 3.500/-). then file a civil case in the court under DRC or TPA for eviction of tenant from property premises.
You can further contact me on harshmparekh@gmail.com
I am a practicing lawyer in New Delhi.
Regards,
Harsh Parekh
Advocate
9971780620 (M)

Arun kumar (Executive)     25 March 2011

rent was 6000/per month but we do not have any written agreement. The only thing is that he was paying us a rent through a third person. So, how can we prove that it was 6000 Per month.

pawan kumar (-)     15 June 2011

I FEEL EJECTMENT PETITION CAN BE FILED FOR NON PAYMENT OF RENT ALSO AS TENANT HAS NO MONEY RECEIPTS.


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