Shop eviction
munna lal
(Querist) 13 October 2015
This query is : Resolved
Sir,
I was filed an shop eviction petition before rent controller,Delhi.
As per the decision of rent tribunal, eviction petition was not maintainable in law hence rejected.The main reasons gave for dismissal of petition is that :-
1. The lease deed doesn't specify any time period for lease.Hence, such lease deed shall be treated as perpetual lease deed.Therefore, such eviction petition has not been maintainable under Delhi rent control Act, 1958.
What can I do in this situation? Can I file an apple before high court against the order of rent tribunal?
R.K Nanda
(Expert) 13 October 2015
yes, u can file appeal in HC.
Lawyer SALEEMA KABEER
(Expert) 13 October 2015
If the eviction petition was filed not on the ground that the lease period was expired, the rejection of the same is unsustainable. Such a circumstances, you can very well challenge the said rejection order.
Rajendra K Goyal
(Expert) 13 October 2015
Consult senior lawyer, show him full case file along with the copy of the decision and file appeal if grounds exist.
