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Drc act section 14 (1) (e)

(Querist) 24 July 2012 This query is : Resolved 
dear sir,
i have filed an eviction petition for a tenanted shop situated on ground floor,reghar pura karol bagh.the property is owned by me and rent receipt are also issued to the tenant.presently i am unemployed.
in leave to defend tenant has mentioned about the property which is owned by my wife.It is a plot measuring 960 square yard situated in estate revenue village mundka ,delhi.but it is not a commercial property it is a industrial plot.
will it have any adverse affect on the case.
Adv.R.P.Chugh (Expert) 24 July 2012
Dear Mr.Garg,

It won't have an adverse effect for two simple reasons :-

1. It is not your property, There are decided case that say that wife's property cannot be seen in order to adjudge whether the person has a bona fide requirement, and has no reasonably suitable accomodation of his own.

2. It is not commercial hence can never be a reasonably suitable alternative accomodation.
R.K Nanda (Expert) 24 July 2012
No, it will not have any adverse effect on ur case.
deepak garg (Querist) 24 July 2012
thank you sir ,thanks a lot


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