Hello Everybody,
Can somebody please tell me if the section 14 (1) of the Delhi Rent Control Act 1958 (Bonafide Requirement) still exists? I am a single mother , with 2 sons. Will I be able to use the bonafide's requirement law to get my shop vacated by the tenant?
Case Study:
A shop in Delhi was let out by my mother n law around 1988 on pagri (in cash - there is no proof of that payment made). My husband expired in 1998 and my mother n law expired in 2002. After her death, me and my husband's brother became the legal heirs of the aforesaid property. My husband's brother and myself got the partition deed executed in 2009 and hence I became the owner of the portion in which the tenant was occupying one shop rented by my mother n law.
The tenant took the shop in his son's name and wanted to open a clinic as his son was studying Doctrate. His son did open the shop in the initial years for some time (infact some days) in 1989 but then closed it. The shop is hardly open after that and has remain closed. My mother n law used to give rent receipt to the tenant. Since shop was hardly open so the tenant used to give the rent not monthly but on a yearly basis or the collected rent of 7-8 months.
Current Situation:
I am a single mother with 2 sons. Elder son is married and has a son ( 18 months). Younger son is eligible for marriage. We have 3 rooms and no kitchen as the constructed area in the house. My elder son has recently met with an accident and is in the initial stage of paralysis. He is in govt. job and though he has started going to the office but it gets very difficult for him to perform his duty of 9 hours and want to open a tuition centre along with his wife. I also want to build the house from the scratch so that both my sons live a good quality of life. The property was built in 1988 and since then no construction has been done. There are 2 shops in my house. One of them is with the tenant and the other is with my and I am using it as a store but has a shutter.
My younger son is eligible for marriage but there is not enough space ( room) for him to live with his wife.
About 2 years back the tenant came to my house and paid all the pending rent dues. He opened the shop but has asked someone else to open the shop on his behalf but using his name board. But since there is no electricity ( since the shop is closed for years) in the shop he could not proceed for long and again closed the shop. The tenanct has now rent dued to him for about 2 years. In between, he sent the rent through money order but I refused to accept.
Please let me know if the current condition works out in my favour if I file a petition to seek the bonafide requirement from the tenant.
Thanks
