Waiver of notice under drc act section 14 (1)(a) for eviction of tenant
chandra shekar
(Querist) 01 April 2013
This query is : Resolved
Kindly help by citations for waiver of notice for eviction of tenant under Section 14 (1)(a) of DRC Act.
eviction suit filed under section 14(1)(a) alongwith section 14(1)(e). court admitted considering suit under both section and ex parte final argument 3 dates passed for hearing after admitting ex parte evidence recording. section 14 (1) (e) is approved as no dispute is there.
But under section 14 (1) (a), provision of "waiver of notice" to be cited with previous judgements as quotes. No notice was given before filing this suit as the tenant has defaulted rent and other dues like elec and water. rent dues the tenant confessed in writing to clear in due course but later refused to agree.
based on that, after 24 days (12 Jun 2011 written confession and 6th July eviction suit) eviction suit filed without any legal notice.
elect and water dues till not cleared and BESE disconnected services and FIR+ proceedings initiated against tenant for theft of elect. So no dues cleared be it water and elec or rents. FIR copy submitted in the court as evidence of dues not cleared.
more over the rent agreement expired one year before the eviction suit and hence by virtue the tenant is already supposed to vacate the premises.
In situation, waiver of notice as per section 14(1)(a) to be quoted.
Please clarify whether it is mandatory to issue notice under the said section or it can be waived off.
Devajyoti Barman
(Expert) 01 April 2013
fOR CITATION PLEASE SEARCH iNDIANKANOON.
chandra shekar
(Querist) 02 April 2013
but what is the keyword for search. i unable to narrow down. it comes as huge and irrevelants
Raj Kumar Makkad
(Expert) 02 April 2013
If the period of rent or lease gets expired due to expiry of the specific agreement then it gets extended from month to month and it remains in continuation till the specific notice under section 106 of TP Act or specific provision under Rent act. So notice is mandatory.
chandra shekar
(Querist) 05 April 2013
if the extension of the rent, lease period itself disputed after expiry of that period, then how come it can be considered as extended from month to month? tenant herself agreed in writing about dues and obligation for payment thereof. cant it be considered as a equivalent to notice?
