DRC ACT
rajiv
(Querist) 14 October 2009
This query is : Resolved
DEAR FRIEND
HELLO ! (1) CAN A LANDLORD CLAIM DAMAGES / PENALTY PER DAY IN THE LEGAL NOTICE TO TENANT U/SEC. 14 (1) (e) UNDER DRC ACT. THE RENT IS Rs.2750 PM. (2) IS THE SEPARATE ACCOMODATION FOR GROWN UP / MARRIAGEABLE CHILD IS A BONAFIDE NEED GROUND FOR EVICTION OF TENANT.
THANKS
RAJIV
Raj Kumar Makkad
(Expert) 15 October 2009
yes. landlord is entitled for damages. Marriage of children is a gud ground for eviction.
Sachin Bhatia
(Expert) 15 October 2009
Yes landlord can claim damages, yes accomodation for married children is a good ground for eviction.
H. S. Thukral
(Expert) 15 October 2009
Landlord can not claim damages in the eviction proceedings. Damages can be claimed in execution proceedings.
You can get back the accommodation from the tenant if you have bonafide requirement and no suitable alternate accommodation is available to you. If you are not having enough accommodation to adjust you son's family you can file the petition under section 14(1)e read with section 25-B of DRC Act. The burden in the first instance is on the tenant to rebut the bonafide requirement of the lanlord by filing an application seeking leave to defend the petition.
