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Petition Under Section 14(1)(e) of the Delhi Rent Control Act

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Petition Under Section 14(1)(e) of the Delhi Rent Control Act

BEFORE THE SENIOR CIVIL JUDGE CUM RENT CONTROLLER; DISTRICT; ________

EVICTION PETITION NO. _____ OF 20____

In the Matter of:-

 _______________                                                              ……Petitioner

Versus

 _______________                                                               ….Respondent

                                                               INDEX

S.No.

Particulars

Page No.

1.

Memo of Parties

 

2.

Petition Under Section 14(1)(e) of the Delhi Rent Control Act.

 

3.

List of Documents alongwith documents

 

4.

Vakalatnama

 

New Delhi

 

Dated:-                                                                                                         PETITIONER

Through

                                                                                                                              Advocate


BEFORE THE SENIOR CIVIL JUDGE CUM RENT CONTROLLER; DISTRICT;

EVICTION PETITION NO. _____ OF 20____

 In the Matter of:-

 ________________                                                              ……Petitioner

 Versus

________________                                                               ….Respondent 

MEMO OF PARTIES

___________                                         …..Landlord/Petitioner

 Versus

_____________                                      ….Respondent/Tenant


New Delhi

Dated:-                                                                                                             PETITIONER

Through

                                                                                                                                 Advocate

BEFORE THE SENIOR CIVIL JUDGE CUM RENT CONTROLLER; DISTRICT; _______________

EVICTION PETITION NO. _____ OF 20____

In the Matter of:-

 ________________                                                              ……Petitioner

Versus

 ________________                                                               ….Respondent

AN Application for eviction of tenant under section 14(1)(e) read with section 25B of the Delhi Rent Control Act, 1958, as amended. 

1.

Municipal No. of the premises  and Name if any

 

2.

Street and Municipal Ward of division in which the premises are situated

 

3.

(a) Name and address of the landlord

(b) Name and address of the tenant (s)

 

 

4.

Whether the premises are residential or non – residential

Non - Residential

 

5.

In the case of residential premises, the number of person occupying the same and in the case of non residential premises the purposes for which  these are used and  the number of employees, if any, working therein

 

6.

Whether any furniture is  supplied by the landlord.

 

7.

Details of fittings if any provided by the landlord.

 

8.

Details of accommodation available together with particulars as regards ground area garden and out house, if any. (Plan to be attached)

 (Shown in red colour in site plan annexed hereto)  

 

9.

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

 

10.

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

 

 

11.

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

 

 

12.

(a)  Date of completion of construction of the premises and the cost thereof

(b) Whether completion report was obtained from the local authority and if obtained, the date thereof.

 

       

 

 

        No

 

13.

Ratable 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.     

    

 

        N.A.

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.

Where the rent of the premises has been fixed under the New Delhi House Rent Control Ordinance, 1939 or the Delhi Rent Control Ordinance, 1944, or the Delhi and Ajmer & Mewar Rent Control Act, 1947 or the Delhi Rent Control Act, 1958 & 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 sub-let whether with or without the written consent of the landlord and the rent charged from the sub-tenant.        

No Sub-tenants

17.

Whether  any  additions  or  alterations have been made since the rent was fixed as  stated under item No.15 and if so the date on which such  additions  or  alteration  were  made & the cost   of  such  additions  or  alteration  and whether  they  were   carried  out  with the approval  of  the  tan  of  the controller.

No

18.

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

(b) Whether notice required has been given and if so, particulars thereof copies of such notice and tenant’s reply if any, should be furnished

 

 

 

 

 

19.

Any other and relevant information

 As below :-
  1. That the petitioner is the absolute owner of the tenanted premises i.e.  (hereinafter referred as the ‘tenanted premises’). The tenanted premises forms part of the property bearing no. ______, which was originally owned by ____________father of the petitioner, and after his death, the said property was inherited by petitioner
  2. That the tenanted shop was originally let out by the father of the petitioner to __________________and after his death, the legal heirs continued as tenant in the tenanted premises and running a ________ in the tenanted premises. The tenanted premises are shown in red colour in the site plan annexed hereto as Annexure P/1.
  3. The said fact that the petitioner acquiring the ownership rights of the tenanted premises is duly acknowledge by the tenant as respondent was paying rent and rent receipt were issued by the petitioner. The copy of several rent receipt is annexed hereto as Annexure P/2.  The letter dated ________ sent by respondents to the petitioner pertaining to rent payment of rent is Annexure P/3.
  4. That the son of petitioner now wanted to work as ___________. The son of petitioner now wants open his office for the same which should have good parking space and direct access from the main road. The tenanted premises have good access from the ______ and its ______away from the main ring road. The parking space is also available since the tenanted shop is at the front of the property.
  5. However, the space of tenanted shop alone will not fulfill the bonafide requirements of son of petitioner. The son of petitioner namely __________ wants to have a small reception, conference room, pantry and bathroom in his office. Therefore the son of petitioner will also need to evict the adjacent shop which is let out to one _________________. The petitioner had filed separate eviction petition for the adjacent shops.
  6. Therefore, the combined size of these two shops is sufficient to meet the bonafide requirement of the petitioner. The eviction of one shop shall not serve the purpose for the son of petitioner because the area of a single shop would be very small to convert it to a__________.
  7. That petitioner is the owner of the following properties which are as follows :
  8. That the property mentioned at no. 1 is not conducive or suitable for the opening of new office for the son of petitioner. Moreover, the property mentioned at no. 2 is rented to__________. The area of property mentioned at serial no. 1 is just around ______ which is very small to convert into an office with reception, conference hall, pantry and bathroom. Hence, it is not possible for the son of petitioner to open the office of an advocate in shop mentioned at serial no. 1.
  9. That the property mentioned at no. 2 is not conducive or suitable for the opening of new office for the son of petitioner. The property mentioned at no. 2 is rented to __________. The area of property mentioned at serial no. 2 is even smaller than the property mentioned at serial no. 1 i.e just around ______Needless to mention that it is very small to convert the said shop into an office with reception, conference hall, pantry and bathroom. Hence, it is not possible for the petitioner to open the __________ in shop mentioned at serial no. 2.
  10. That the petitioner, his wife and his children is not the owner of any other commercial property. All the commercial property owned by petitioner and his family members has been mentioned in the above paragraph of the petition. 
  11. That the petitioner and her family have no other suitable property apart from the tenanted premises where petitioner can open a new office with reception, conference hall, pantry and bathroom alongwith parking space and good access from main road.
  12. That in view of the above, petitioner has a bona-fide requirement inter-alia of the premises let out to the respondent, as the petitioner required the same property for his son for opening of new office.
  13. That the petitioner is initiating the present eviction proceedings for fulfilling their bonafide requirement of the said shop required by him as it has become a necessity for them.
  14. That the petitioner is left with no other option but to file the present eviction petition against the respondent.        

20.      Relief claimed:-                                            

 It is therefore, most respectfully prayed that an order of eviction of the respondents from the tenanted premises i.e ____________forming part of property bearing no. _______________with having an area ____ Sq. Yards approx., shown in red colour in the annexed site plan, may kindly be passed, with costs in favour of the Petitioner and against the respondents.

 New Delhi

Dated:-                                                                                                              PETITIONER

Through

 Advocate

VERIFICATION:-

Verified on this _____ day of month, 20__ that the Contents of Para _ to _ of my above petition are true and correct to the best of my knowledge and belief. Last para is the prayer clause.

                                                                                            PETITIONER

 

BEFORE THE SENIOR CIVIL JUDGE CUM RENT CONTROLLER; DISTRICT; _______________

EVICTION PETITION NO. _____ OF 20____


In the Matter of:-

 _______________                                                              ……Petitioner

Versus

 _______________                                                               ….Respondent 

AFFIDAVIT

I, ________ W/o _______ R/o _____________aged about ___ years, do hereby solemnly declare and affirm as under:-

1)    That I am the petitioner in the above mentioned eviction petition and am well conversant with the facts of the case and thus competent to depose the present affidavit. 

2)    That the accompanying eviction petition has been drafted by the counsel as per my instructions and has been read over and explained to me in vernacular and the same is correct to the best of my knowledge.

3)    That the contents of the petition may kindly be read as part and parcel of the present affidavit and the same are not being repeated here for the sake of brevity.

 Deponent

Verification

Verified at New Delhi on this    day of ____ 20__ that the contents of the above writ petition are true and correct to my knowledge and belief and nothing material has been concealed therefrom.

 Deponent

BEFORE THE SENIOR CIVIL JUDGE CUM RENT CONTROLLER; DISTRICT; _______________

EVICTION PETITION NO. _____ OF 20____

In the Matter of:-

 ______________                                                              ……Petitioner

Versus

 ______________                                                               ….Respondent

 LIST OF DOCUMENTS 

New Delhi

Dated:-                                                                                                              PETITIONER

Through

 Advocate