Regarding eviction of tenant
ss.k
(Querist) 05 February 2013
This query is : Resolved
Sir,
I would like to request you to please clarify my following queries;-
a) In Delhi can suit for eviction be filed in the High Court of Delhi or otherwise;
b) How much time will be taken to complete the court proceedings;
c) Under what section/rule the eviction case can be filed against the tenant with police assistance to implement the same;
d) Recent judgments of supreme court and High Court of Delhi in eviction cases; and
e) Whether measne profit can be claimed for unauthorised occupation of tenanted portion from the tenant in this eviction suit.
Regards.
Adv.R.P.Chugh
(Expert) 05 February 2013
a) Before the Rent Controller/Civil Judge if the property if the rent is less than 3.5 thousand per month, else as per the value of the property jurisdiction is governed - it can be either civil judge/district judge or the high court;
b) Time depends on a lot of variables and ground taken, summary procedure u/s 25B usually takes less time;
c) Police assistance comes into picture only once decree is obtained, and the same is sought to be executed. An eviction petition is filed under Section 14 of the DRC or if the same does not apply - then a simple suit for recovery.
d) Can't answer in a vaccum - there has to be specific situation.
e) Yes
Good Luck !
