Thursday, June 8, 2017

PETITION FOR EVICTION OF TENANT UNDER SECTION 14D READ WITH SECTION 25-B OF THE DELHI RENT CONTROL ACT, 1958.

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.

-------------------------------------------------------------------------


1.

Municipal No. of the premises and name, if any


:

.

2.

Street and Municipal Ward or Division in which the premises are situated


:

.

3(a)

Name & Address of the Landlord

:

.



   (b)

Name & Address of the tenant/ tenants

:


4.

Whether the premises are residential or non-residential

:

 

 

Non-Residential.


5.

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

:



6.

Whether any furniture is supplied by the landlord

:

No


7.

Details of fittings, if any, provided by the landlord

:

No

8.

Details of accommo-dation available together with particulars as regards ground area garden and out houses, if any, (plan to be attached)

:


9.

Whether the premises are occupied by a single tenant or by more than one tenant

:

Single tenant

10.
Amenities available in regard to lighting in water, sanitation and the like

:

Electricity

11.

Monthly rent together with details of house tax, electricity, water and other charges paid by the tenant.

:

Rs. 3,000/- (Rupees Seven Hundred Thirty Five only) per month exclusive of all other charges.

12
(a)

Date of completion of construction of the premises and the cost thereof



:

Old construction

    (b)

Whether completion report was obtained from the local authority and the date thereof

:

Old construction



13.

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

:

The whole of the property is assessed to House Tax.



14.


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.

:



15.

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.


:

No











16.

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

:

Yes, the shop was sub-let without the written consent of the Landlord.







17.

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

:

No

 


18(a)        The ground on which the eviction of the tenant is
                 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

Tuesday, February 21, 2017

Section 309 in The Code Of Criminal Procedure, 1973

Section 309 in The Code Of Criminal Procedure, 1973

309. Power to postpone or adjourn proceedings.

(1) In every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.

(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time: Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing: 1 Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.] Explanation 1.- If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand. Explanation 2.- The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.