Hello, In a case for bonafide eviction U/s 14 (1) (e) of Delhi Rent Control Act (in short “DRC Act”), an order has been passed in favour of petitioner (Landlord) and against respondent (tenant) In light of Section 14 (7) DRC Act, the aforesaid eviction is not be executable for a period of six months from the date of order. My questions are: 1. During 6 months after order, if tenant approaches the landlord for out of Court settlement, (against monetary benefit), and landlord agrees to settle against payment, then will landlord have to wait for 3years (or 5 years) to let our his commercial property? 2. What is the limitation period for filing appeal under LEAVE TO DEFEND order? Best regards M Singh
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Landlord dies not have to wait for 5 years to let out his commercial property
2) The Supreme Court observed that a leave to defend under Section 25B of Delhi Rent Control Act, 1958, cannot be granted on mere asking and a tenant has to put in some material of substance to the extent of raising a triable issue.The object behind Section 25B is facilitating not only the expeditious but effective remedy for a class of landlords, sans the normal procedural route,
Dear Client,
1. If the landlord agrees to settle with the tenant during the 6-month period after the eviction order against a monetary benefit, it shouldn't affect the landlord's ability to re-let the commercial property. The restriction of 3 or 5 years would typically apply if the eviction order is set aside due to non-execution or due to an appeal's outcome that favors the tenant.
2. The limitation period for filing an appeal under a "leave to defend" order can vary based on the specific circumstances of the case and the court where the matter is being heard. Usually, the limitation period for filing an appeal is around 90 days from the date of the order, but it's essential to consult with a legal expert to confirm the exact period applicable in your case and jurisdiction.
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1. If an out of court settlement is arrived between both the parties and in the result if the tenant is vacating the premises, then the landlord can let out his property to any other prospective tenant without having to wait for any stipulated period because there is no case pending nor there is any condition imposed in this regard.
2. No appeal or second appeal shall lie against an order for the recovery of possession of any premises made by the Controller in accordance with the procedure specified in this section: Provided that the High Court may, for the purpose of satisfying itself that an order made by the Controller under this section is according to law, call for the records of the case and pass such order in respect thereto as it thinks fit.
Where no application has been made to the High Court on revision, the Controller may exercise the powers of review in accordance with the provisions of Order XLVII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).
1.No
2. 30 days
- This order means that , if the tenant is not vacating the premises after passing order , then the landlord cannot file an execution petition before the court without waiting 6 months from the date of passing the said order.
1. Since, there is no petition is pending before the court , then the parties can settle the matter out of the court , and the landlord is at liberty to let out the premises to anyone , and this will not considered as non-compliance of the said order.
2. 90 days before the High Court.
