Bonafide requirement section 14 (1)(e) drc act 1958
deepak garg
(Querist) 09 November 2012
This query is : Resolved
Dear sir
i have filed a petition for eviction of tenant from shop.the suit property is in reghar pura and has three floors ,ground,first and second.first and second floor are lying vacant as they are residential in nature.And im am residing in other property at ramjas road.
in leave to defend respondent has mentioned about my residential property(ramjas road) as commercial property.this property was residential but presently this area has been passed as commercial.but i am residing there on first and second floor with my family.i have ration card on that address and electricity metre is also domestic.will it have any adverse effect on my case.
Advocate Bhartesh goyal
(Expert) 09 November 2012
If your residential premises are lying vacant then it does not mean that your need for shop is not bonafide so residential premises lying vacant does not make any advese effect on your case.
prabhakar singh
(Expert) 09 November 2012
If you have residence that does not mean you have a shop also in your possession unless the building in which you reside just now contain also a shop in your possession,you need not worry about alternative suggestion
shown by your tenant.