The eviction notice in Delhi under TPA 1882 or under DRC ?

Guest
(Querist) 09 April 2010
This query is : Resolved
In Delhi Whether the eviction notice should be sent under TPA 1882 or DRC,if the rent is below Rs.3500/-p.m.?
I let out a DDA lease hold flat in 2005 which was built in 1991,Now I want to get it evicted for my bona fide need.The advocate prepared an eviction notice under Transfer of property act.
But I came to know that as the rent is below Rs.3500/-so our case falls under Delhi Rent Control Act.
Why my advocate has not even mentioned DRC in the notice?
Why 2 months notice under TPA only?
Is'nt my advocate committing some mistake ?
Tenant is not paying the rent also.Plz. help.
H. S. Thukral
(Expert) 09 April 2010
Your advocate is right. DRC Act provides that the notice should be as per section 106 of TPA in case the tenant has not paid the rent