BEFORE THE RENT CONTROLLER: ------,
------------- COURT, DELHI
EVICTION PETITION NO.______ OF -----
In
the matter of:
ABC
..….. Petitioner
Versus
XYZ
……..
Respondent
PETITION FOR EVICTION OF TENANT
UNDER SECTION 14D READ WITH SECTION
25-B OF THE DELHI RENT CONTROL ACT, 1958.
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1.
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Municipal No. of
the premises and name, if any
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.
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2.
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Street and
Municipal Ward or Division in which the premises are situated
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.
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3(a)
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Name &
Address of the Landlord
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.
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(b)
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Name &
Address of the tenant/ tenants
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4.
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Whether the
premises are residential or non-residential
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Non-Residential.
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5.
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In the case of
residential premises, the number of persons occupying the same and in the
case of non-residential premises the purpose for which these are used and the
number of employees, if any, working therein
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6.
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Whether any
furniture is supplied by the landlord
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No
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7.
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Details of
fittings, if any, provided by the landlord
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No
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8.
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Details of
accommo-dation available together with particulars as regards ground area
garden and out houses, if any, (plan to be attached)
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9.
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Whether the
premises are occupied by a single tenant or by more than one tenant
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Single tenant
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10.
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Amenities
available in regard to lighting in water, sanitation and the like
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Electricity
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11.
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Monthly rent
together with details of house tax, electricity, water and other charges paid
by the tenant.
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Rs. 3,000/- (Rupees Seven Hundred Thirty Five only) per month exclusive of all other charges. |
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12
(a)
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Date of
completion of construction of the premises and the cost thereof
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Old construction
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(b)
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Whether
completion report was obtained from the local authority and the date thereof
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Old construction
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13.
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Rateable value as
entered in the last property assessment book of the Delhi Municipal
Corporation, New Delhi Municipal Committee or the Delhi Cantonment Board, as
the case may be
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The whole of the property is
assessed to House Tax.
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14.
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Date on which the
premises were let to the tenant and details of agreement, if any, with the
landlord. Attested copy of the Agreement to be attached.
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15.
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Whether the rent
of the premises has been fixed under the New Delhi House Rent Control Order
1939, or the Delhi Rent Control Ordinance 1944, or the Delhi and Ajmer
Marwara Rent Control Act, 1947, or the Delhi and Ajmer Rent Control Act, 1952
or the Delhi Rent Control Act, 1958 and if so, the amount of such rent and
the date from which it took effect.
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No
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16.
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Whether there are
any sub-tenants and if so the date of such sub-letting, accommodation sublet,
whether with or without the written consent of the landlord and the rent
charged from the sub-tenant
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Yes, the shop was sub-let without the written consent
of the Landlord.
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17.
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Whether any
additions or alteration have been made since the rent was fixed as stated
under item No.15 and if so the date on which such addition or alteration and
whether they were carried out with the approval of the tenant or of the
Controller
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No
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18(a) The ground on which the eviction of the
tenant is
sought:
sought:
(i)
That the Petitioner is the legal heir of the tenanted shop bearing no.3 (hereinafter
referred to as the Shop) situated at Ground Floor, forming part of property
bearing No. ………………… (hereinafter referred to as the said property) after
having acquired right, title and interest in the said property by operation of
law from his husband, the erstwhile owner namely …….. attached as ANNEXURE- P2.
(ii)
That the shop was let out / tenanted to the respondent in the year ……
during his life-time and subsequently after his demise, the Petitioner became
the owner as well as the landlord of the said property including shop. The Petitioner
is a widow and landlord of the property, therefore, has, under law every right,
title and interest to file and maintain the present petition under section 14D
of the Delhi Rent Control Act, 1958. After the death of the Owner of the said
Property, the Petitioner in whole sole administers the said Property and other
legal heirs doesn’t have had any objection and also respect the Petitioner as
an eldest member/Karta and head of the family. The respondent after the death
of the husband of the petitioner had been paying the monthly rent to the
petitioner till date. Thus, the respondent also acknowledges the petitioner as
the owner of the said property including the shop. The other legal heirs of the
husband of the petitioner also recognized the petitioner as the owner of the
said property including the shop in question. A copy of the latest rent receipt
is attached as ANNEXURE – P3.
(iii)
That the Petitioner is a widow and an …. of around …. years of age and is
suffering from Blood pressure, diabetes and other old age diseases. …
(iv)
That it is pertinent to mention here that the Petitioner being an … years
is living at the second floor of the property. Considering the age of the
Petitioner, it is very difficult for her to climb up and down, sometimes even
the doctor has to climb up to the second floor to visits the petitioner for
health checkup. Therefore, the Petitioner wishes to reside at the ground floor
of the property for the sake of convenience and living a decent life.
(v)
That the Petitioner relies on the income earned by her family from
rentals coming from the shops in the said property and also from a very small
retail business of selling .. and bed sheets having meager income. It is
pertinent to mention here that the Petitioner has no other accommodation
available with her and wants to reside along with her family.
(vi)
That the family of the Petitioners consists of herself, two son, two
daughters, out of which one son died and both daughters are married. The
details of the family consisting of …….are as follows:
1.
Ms years widow of younger Son of Petitioner, Late - Selling ..in the
ground floor of the said property.
2.
Mr. .. yrs son of Late Mr. …, occupation - Selling … in the ground floor
of the said property.
The detail family chart is attached as Annexure P5.
(vii)
That the Petitioner and his entire family members reside in the said
property and perform all kinds of other household activities. It has become
very difficult for the petitioner as well as the entire family comprising of
the aforesaid members to reside as well as function from the said property. The
various residence proofs of all family members residing in the said Property is
attached as ANNEXURE – P6.
(viii)
That as far as the size of the family is concern, the said property is
inadequate, insufficient and too small for the whole family to reside and hence
the petitioner requires the area of the shop for the residential accommodation.
(ix)
The son of the petitioner namely …. ….. Due to his prolong illness he
couldn’t be actively involved and in due course of time he wound up his
business & and at present, he is absolutely jobless and is looking for
settling his career.
(x)
.
(xi)
Apart from this, the petitioner and his entire family members have no
other place to work and earn their livelihood or reside in a manner fit for
necessary human existence.
(xii)
..
(xiii)
That after the ..
(xiv)
That recently it has come to the knowledge of the Petitioner that the
person namely …
.
(xv)
…
(xvi)
That by making some enquiry about ….. it seems that the Respondent has
sublet/assigned the rental property to her without any written consent from the
Petitioner.
(xvii)
That the Respondent has already enjoyed the tenanted shop for more than 26
years and now the time has come when the children of petitioner have grown up
and because of the poor earning of the petitioner and her family members she is
not even able to bear her medical expenses as well as medical expenses of the surviving
son. The details of the medical expenses of the Petitioner as well as the surviving
son are attached as Annexure – P8.
(xviii)
That the Petitioner does not have any other property/
accommodation/premises except his right, title and interest as owner in the said
property ..
(xix)
That the requirement of the petitioner is absolutely
bona fide inasmuch as, in case the respondent vacates the tenanted shop, the
petitioner and his family members would be in a position to establish/enlarge
their business of .
(xx)
It is submitted that the important aspect is the Petitioner in order to
see her family members settle in their life wanted to reconstruct the entire
property and divide and allocate the said property proportionately among the
family members so that they can have the enough space for the next generation
and also to start up a retail outlet and earn their livelihood. The petitioner
also wants to secure the future of her family so that they do not have any
difficulty in sustaining themselves either for a dwelling accommodation or shop
so as to expand their small family business. It is necessary to state that the
rooms in the said property are small and the family finds it very difficult to
live in such circumstances. Hence they require more space so as to accommodate
all the family members in an effective manner and also to provide a better
standard of living. It is pertinent to mention here that the whole family
resides in the house which is quite small so far as the number of family
members are concerned.
(xxi)
It is respectfully submitted that the Petitioner by reconstructing the
entire property wanted to stay in the ground floor since the Petitioner is an
old lady of around 80 years of age and is suffering from Blood pressure,
diabetes and other old age diseases. It is further submitted that it is
extremely difficult for the Petitioner to climb upstairs and even can’t go to
the doctor’s clinic without the help of her family members, in fact the doctor
himself comes to the Petitioner for regular check-up.
(xxii)
…. .
19. Any other relevant information:
Although no notice is required, but the petitioner had issued a legal
notice dated …. to the respondent. A copy of the notice is attached as Annexure
– P9.
20. Relief claimed:-
It is, therefore, most respectfully prayed
that
(i)
To pass an order / decree of
eviction against the respondent in respect of the tenanted shop
bearing number 3, admeasuring ____ sq. fts. …, as shown in red colour in site
plan, may kindly be passed
under Section 14D read with Section 25-B of DRC Act, in favour of the
petitioner and against the respondent, in the interest of justice;
(ii)
To pass a decree of permanent injunction thereby restraining the
defendants from selling, or creating third party interest against the shop no
shop bearing ….;
(iii)
To award the cost of the litigation in favour of the plaintiff and
against the defendants;
(iv)
Any other relief(s) to which the plaintiff is deems fit may also be
awarded in the facts and circumstances of the case.
(v)
Costs be also awarded in favour of the petitioner and against the
respondent.
Alternatively
Prayed:
(vi)
To pass an order / decree of eviction against the respondent in respect
of the tenanted shop bearing number 3, admeasuring ____ sq. fts.
situated at ,,, as shown in red colour in site plan, may kindly be passed under Section 14 (1)
(b) & 14 (1)
(e) read with Section 25-B of DRC Act, in favour of the petitioner and
against the respondent, in the interest of justice
Petitioner
Through:
,
Delhi ADVOCATE
,
Dated:__.10.2016 ,,
NEW DELHI- 110000
VERIFICATION
I
the above named Petitioner do hereby verify that the contents of my above application are true to my knowledge
and last para is prayer to this Hon’ble Court.
Verified at Delhi on this ____day of October 2016.
Petitioner
BEFORE THE RENT CONTROLLER:....... COURT, DELHI
EVICTION PETITION NO.______ OF 20..
In the matter of:
abc
…….. Petitioner
Versus
xyz
…….. Respondent
AFFIDAVIT
I,
Mrs…, w/o Late …, New Delhi-1100.., do hereby solemnly affirm and declare as
under:-
1.
That I am the petitioner in
the above noted eviction petition, as such fully conversant with the facts and
circumstances of the case and competent to swear this affidavit.
2.
That the accompanying
eviction petition under Section 14D read with Section 25B of the D.R.C. Act has
been drafted by my counsel under my instructions and the contents of the same
pertaining to the facts are true and correct to my knowledge and those of legal
averments are true upon legal advice received and believed to be correct, which
may be read as part and parcel of this affidavit and are not repeated herein
for the sake of brevity.
Deponent
Verification:
Verified at Delhi on this ___ day of October
2000 that the contents of my affidavit are true and correct to my knowledge, no
part of it is false and nothing material has been concealed there from.
Deponent
