In my property in Delhi, a shop of 12 sq. mt. was rented from last 27 years. The shop has remain closed for almost the same time. The tenant had taken the shop in his son's name so that his Doctor son can do practice but after 2/3 months he closed the shop as it did not ran well. The shop has remain closed and is hardly open. There is no electricity in the shop.
There are 2 shops in the property - one is occupied by me which also does not have electricity and we are using it as a godown (for home unused materials) and the other one is occupied by the tenanat. The property is constructed in 1985 and does not have enough space to live, most of the area is not constucted and we do not even have a proper kitchen.
I have two sons 1 is married who has a wife and 1 year old son, he is working in a govt job. Second son is of 30 years age but still not married, he is working in the IT field in a pvt company.
The tenant has another shop in his wife name on rent near my house. He is constructing his own house in delhi (through builder colloboration) and has another house in Noida in which he is currently living.
My rented shop is currently closed with no electricity. Last rent I received from the tenant in Jan 2012. After that he send the rent through money order once in July 2012 and other in Sep 2013 but during Sep 2013 my elder son was admitted in the hospital of which I have the records and he is still not perfectly fit. He is suffering from spine problem and has the difficulty in walking.
Under DRC act can I file and eviction suit agsinst him ? What is the procedure.
I have consulted several lawyers, some say that they will send a notice first and some said that they will directly file the eviction suite. Please advise how should i proceed?
Thanks
Ashish
