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Tenant not vacating premises. Filed false case. What to do now?
26-Apr-2023 (In Landlord/Tenant Law)
I have a property in Malviya Nagar, New Delhi, that I had rented to my father's employees. One side to one employee with her husband and the other to another one, a Divorcee. Now the Divorcee doesn't work with him and is trying to use the property for commercial purpose. Also, being an alcoholic, she is a nuisance to the neighbours and to my family.
I sent her a notice to vacate the premises. She asked for more time. And now she has filed a case against me falsely claiming that the property is hers. She and her lawyer, mostly don't show up and the case keeps getting delayed.
What can I do?
You can file a suit for eviction of the tenant (divorcee) under Section 14(1) (c) of the Delhi Rent Control Act on the grounds that the premises are being used for a purpose other than for which the property was let out. This is based on the fact that as you have stated that the property was let out for residential purposes and it is being used for commercial purpose.
In the alternative, it can also be filed under Section 14(1)(e) on the grounds that the property is required by the landlord for bonafide purposes.
Recently the Bombay High Court had upheld the eviction of a tenant on the grounds of causing nuisance where the rented property was being used as a play school by the tenant and the Court held that the noise of the children amounted to nuisance in the residential area.
You can also file a civil suit for the tort of nuisance claiming damages for the same.
With respect to the false claim, you shall have to contest the same and adduce evidence that the property belongs to you.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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