Drc act 1958 section 14 (1)(e)
deepak garg
(Querist) 12 November 2012
This query is : Resolved
Dear sir
in petition i filed that i required shop for pvc pipe trading/bussiness.previously i was doing the manufacturing of pvc pipes from my premises at mundka,but due to heavy loses ,i had to shut the manufacturing plant of pvc pipes.
The respondent in his leave to defend mentioned that the said business of manufacturing of pvc pipe is a flourishing bussiness and i am indulge in the same bussiness.
But it is not true,however i dont have any documentary evidence to proof it.
Respondent had also not produced any documentary proof.
will it have any effect on the case.
ld judge has given next date for arguments on the application for leave to defend.
Adv.R.P.Chugh
(Expert) 12 November 2012
Dear Querist,
The need has to be bona fide in order to get the tenant evicted. It should be a real need and not mere whimsical desire not substantiated by circumstances. Once you state the facts and your desire to use it for PVC Business. the burden is on the tenant to prove how your need is not bona fide, he'd have to establish that you have alternative accomodation good enough for the work that you intend to carry. If he fails to you'd get the eviction.
Best,
Advocate Bharat Chugh
Law for the Layman - www.bharatchugh.wordpress.com, www.advocatebharatchugh.wordpress.com, Like us on face book :- www.facebook.com/advocatebharatchughonthelawsofindia
H. S. Thukral
(Expert) 12 November 2012
manufacturing and retailing are two different needs and the accommodation required for each is of different nature. If your need is for retailing, the alternate accommodation available with you ie a factory is not suitable for your requirement. Eviction order is likely to be passed in the circumstances.
Raj Kumar Makkad
(Expert) 15 November 2012
Bharat has perfectly attended the query to which I also concur.
