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(Guest)

No need to send Eviction notice

I am to file a suit for eviction in Delhi under Delhi rent control Act as the rent is Rs.3300/-per month. My advocate says that according to some recent judgement (perhaps of Justice Shiv Narayan Dhingra) there is no need for sending any Eviction notice to the tenant,Hence we can directly file a petition,
Is he right and can you give me some links of those judgement if there are any?
Thanks in advance.



Learning

 6 Replies

Kiran Kumar (Lawyer)     11 April 2010

as far as my knowledge is concerned I think notice is required to be given only in case of increase in rent (S.8 of the Delhi Rent Control Act, 1958) not for filing eviction petition.

 

bhagwat patil (Property due diligence 9422773303)     12 April 2010

agreed to KK

AMBUJ KUMAR (PARTNER)     16 April 2010

Dear Ma'm,

 

I am adv Ambuj kumar from delhi, regarding your queries my friend KK is right. but notice is never required to evict thr tenant.

Hope u willl satisfy from me.

 

Thanx

AMBUJ KUMAR 


(Guest)

YOU MAY REFER YOUR AGREEMENT WITH THE TENENT AND IN CASE THERE IS A CLAUSE OF GIVING NOTICE OF CERTAIN PERIOD YOU MAY JUST CHECK THE SAME.

KINDLY NOTE THAT FOR EVICTING ANY TENENT YOU HAVE TO MENTION THE REASONS FOR THE EVICTION OF THE TENENT , FOR EXAMPLE NON PAYMENT OF RENT, CREATING NUISANCE TO NEIGHBOURT, DOING ANY ILLEGAL BUSINESS AT PREMICES, MAKING ANY ILLEGAL ALTERATIONS IN THE PREMICES WITHOUT THE CONCENT OF OWNER, BONAFIDE REQUIREMENT OF PREMICES FOR PERSONAL USE OF THE LANDLORD ETC.HENCE IT IS ADVISIBLE TO ISSUE NOTICE BY REGD POST A.D.TO THE TENENT AND CLAIM BACK POSSESSION OF PREMICES AS PER LAW PROVISIONS. IN CASE TENENT EVICTS ON THE BASIS OF NOTICE THEN YOU CAN SAVE FURTHER LEGAL EXPS. BUT IN CASE TENENT IS NOT EVICTING THEN YOU MAY PROCEED FOR FILING THE EVICTION SUIT.GOOD LUCK.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 December 2010

If you have regd agreement its terms will prevail otherwise notice essential .

Bobby Mani T (Lawyer)     17 December 2010

The law will prvail over agreements whether it is registered or not.


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