A widow is suffring by his Tenant

[sadiq786]

Dear RTI INDIA Administrator,
Hi and how r u..
First of all thanks to join me, and i would like to say hello to every body.
I am working as a software engineer in an IT company.

Actualy i know one widow women staying in North Delhi India. She is getting suffered by his tenant. Her Tenant is a fraud person and suffring her from the following ways.
1. He is not paying the rent from a long time, around 8 years.
2. There is still rent agreement but this person have some upper person link like (police, politics, criminals persons)
3. This person have already file a case against this widow for false prayer,
but now the case is dismissed.
4. Actually he is trying to forcibly taking the only property of that widow.

I don't know is there any solution for this problem?

Kindly give your super suggestion to help this helpless widow
God bless you
God help this widow and her family..

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[sandeepbaheti]

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This portal is meant only for RTI related discussions. For help on other social causes please post your query on our sister portal www.bighelpers.org

[shan]

Dear RTI INDIA Administrator,
Hi and how r u..
First of all thanks to join me, and i would like to say hello to every body.
I am working as a software engineer in an IT company.

Actualy i know one widow women staying in North Delhi India. She is getting suffered by his tenant. Her Tenant is a fraud person and suffring her from the following ways.
1. He is not paying the rent from a long time, around 8 years.
2. There is still rent agreement but this person have some upper person link like (police, politics, criminals persons)
3. This person have already file a case against this widow for false prayer,
but now the case is dismissed.
4. Actually he is trying to forcibly taking the only property of that widow.

I don't know is there any solution for this problem?

Kindly give your super suggestion to help this helpless widow
God bless you
God help this widow and her family..

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Please come on bighelpers & we will try to guide you.

[shakti]

As advised by the members in above mentioned posts it would be batter if you can raise such kind of issues at the appropriate forum i.e. www.bighelpers.org

Secondly In case you want complete legal advice then it is advisable to contact some Advocate dealing in cases of Delhi Rent Act.

Thirdly In case there is nobody for the widow to go and consult the advocate,then I would advise you to put the scanned copies of all documents on www.bighelpers.org so that our Ld. members can advise her to the best of their abilities.

TO THE BEST OF MY KNOWLEDGE.THERE ARE FEW LEGAL PROVISIONS THROUGH WHICH SHE CAN GET HER HOUSE VACATED AND SAME WILL BE HELPFUL IN GETTING EVICTION ORDERS.


1. Bona Fide need
2.Rent not paid.
3.Sub-Letting
4.Change of User
5.Un-fit for human habitation
etc - etc

For further reference I am referring the below titled case with Head Notes

Shri Baini Ram v. Shri Jainti Parshad, (Delhi)
1981(2) R.C.R.(Rent) 634


DELHI HIGH COURT
Before :- Sultan Singh, J.

S.A.C. No. 234 of 1973. D/d. 9.11.1981


9.11. 1981

Shri Baini Ram and others - Appellants

Versus

Shri Jainti Parshad and anr. - Respondents
For the Appellants :- Mr. Bharat Inder Singh with Mr. S. S. Gautam, Advocates.

For the Respondent :- Mr. S. L. Bhatia, Advocate.

A. Delhi Rent Control Act, 1958, Sections 14 (1) (a) and (b), and 39 - Civil Procedure Code, Order 41 Rule 22 - Ejectment sought on ground of bona fide requirement, sub-letting and non payment of rent - Controller passing decree of ejectment on ground sub-letting and bona fide requirement only - Tenant filing an appeal before Tribunal reversing finding of Controller on ground of bona fide requirement and sub-letting, but held that ground of non payment stood proved - Tribunal is competent to maintain order of eviction - No matter no appeal was filed by landlord. 1970 RCR 383 relied.

The Additional Controller in the instant case, passed the order of eviction against the appellants on the grounds mentioned in clauses (b) & (e) of Section 14 (1) of the Act. But as regards the eviction on the ground of non-payment of rent the Controller observed that the appellants-tenants had complied with the order under Section 15 (1) of the Act and therefore the benefit was given to them of Section 14 (2) of the Act. Factually this was a wrong statement. As already observed, the appellants had not complied with the order under Section 15 (1) of the Act. The Tribunal after discussing the ground of eviction under clauses (b) & (e) of the Act concluded that the appellants were not liable to be evicted on those grounds. The question therefore arises whether the Tribunal was justified in taking into consideration the various defaults committed by the appellants in complying with the order under Section 15 (1) of the Act and maintain the order of eviction passed by the Controller under Order of 41 rule 22 of the Code.

[Para 5]

The landlord-respondent No. 1 was entitled to claim an order of eviction before the Rent Control Tribunal on ground of non-payment of rent without filing an appeal. In other words, the landlord was entitled to an order of eviction on the ground of non-payment of rent and Tribunal had jurisdiction to maintain the order of eviction without any appeal on behalf of respondent No. 1.

[Para 5]

B. Delhi Rent Control Act, 1958, Section 14 (1) (b) - Sub-letting - Violation of Section 14 (1) (b) by the tenant must be after his becoming tenant in the premises.

[Para 6]

[DineshK]

Since this topic is not related to RTI matters, it stands closed.