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(Guest)

Eviction notice in Delhi Under TPA 1882 or Under DRC ?

In Delhi Whether the eviction notice should be sent under TPA 1882 or DRC,if the rent is below Rs.3500/-p.m.?
I let out a DDA lease hold flat in 2005 which was built in 1991,Now I want to get it evicted for my bona fide need.The advocate prepared an eviction notice under Transfer of property act.
But I came to know that as the rent is below Rs.3500/-so our case falls under Delhi Rent Control Act.
Why my advocate has not even mentioned DRC in the notice?
Why 2 months notice under TPA only?
Is'nt my advocate committing some mistake ? 
Tenant is not paying the rent also.Plz. help.



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 1 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     11 April 2010

Eviction notice can be sent either under DRC or without mentioning the act.

Facts  and the grounds on which eviction is sought.

2 months notice under TPA is not required. TPA says of 15 days notice.

Discuss with your lawyer with confidence. There might be some reason behind it.

If rent is not paid, instruct your lawyer to file an application on that ground also.


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