Is there no need to send an eviction notice now ?

Guest (Querist) 11 April 2010 This query is : Resolved
I am to file a suit for eviction in Delhi under Delhi rent control Act as the rent is Rs.3300/-per month. My advocate says that according to some recent judgement (perhaps of Justice Shiv Narayan Dhingra) there is no need for sending any Eviction notice to the tenant,Hence we can directly file a petition,
Is he right and can you give me some links of those judgement if there are any?
Thanks in advance.

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Raj Kumar Makkad (Expert) 11 April 2010
Delhi Rent control act is not applicable in the given case.

M/s. Crack Detective Pvt. Ltd. versus P. S. Malhotra 2006 (2) RCR (Rent) 278.

Guest (Querist) 11 April 2010
raj kumar ji,If the rent is below Rs3500/-p.m. ,DRC is applicable in such cases,so my case falls under DRC.

G. ARAVINTHAN (Expert) 12 April 2010
is there any provision in DRC to initiate proceedings without giving eviction notice

H. S. Thukral (Expert) 12 April 2010
In some cases you donot have to give notice, like in case of bonafide need. But in case of default of rent notice is mandatory.

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