Application objecting notice to vacate premises occupied by the landlord should be attached with affidavit.
Sample Format of Affidavit to be attached with application objecting to the notice to vacate premises occupied by the Landlord is given below:
BEFORE THE RENT CONTROL AND EVICTION OFFICER _________________
CASE NO ___ OF _____
In the matter of objection to the notice under section __ Rent Control & Eviction Act relating to allotment of portion of House No _______
Affidavit of Mr _____________________, aged about ___________ years, son of Shri
_________________ resident of _______________
I. _______________, aged about ______ years, son of Shri _____________ resident
of ____________ do solemnly affirm and state as under:
1. That I am the objector in the aforesaid matter and as such fully acquainted with the facts deposed to below.
2. That I am landlord of the house bearing No. ______ in respect of a portion of which the notice has been served.
3. That I am in occupation of the said house bearing No __________
4. That I inherited the said house on the death of my father late ___________ on or ______ about
5. That my father let out the portion of the said house to Shri __________in the year__
6. That said Shri ____________ vacated the portion let out to him on __________ and since then the said portion is in my occupation as the same was required by me for the residential purpose of my family members.
7. That when my father let out the portion of the said house to Shri ________ my daughters and sons were very small and they have now grown up. As my daughters are young, I do not want to share the house with an outsider.
8. That the portion in my occupation, before Shri __________ vacated the portion of my house was not sufficient for my family. In fact I requested Shri ___________ to vacate the portion of the house let out to him for requirements of my family.
9. That one of my son Shri ___________ has been married on ___________ and one room is required for him. The portion vacated by Shri _________consists of 2 rooms, out of which one is occupied by my married son Shri __________and the other two rooms are used for residential purposes by my daughters and another son.
10. That I submitted an application to the Rent Control and Eviction Officer on _______ I intimating that the portion of the house No _________ vacated by Shri ________may not be allotted to anybody, as the same is required for the residential use of my family.
11. That the portion of the house No _________ has been allotted to Shri __________ inspite of my submitting an application to the Rent Control and Eviction Officer, __________in this regard.
12. That the allotment order dated ___________ issued by the Rent Control and Eviction Officer ____________ in favour of Shri ___________ is illegal and without jurisdiction and the notice served in pursuance of the said allotment order is also illegal and liable to be quashed.
13. That in the interest of justice, it is necessary that the notice dated _____________ should be quashed and my occupation to the said accommodation may not be disturbed.
DEPONENT
VERIFICATION
I, _________________, the above named, do hereby verify that the contents of
paragraphs 1 to 10 are true to my knowledge, and the contents of paragraphs 11
to 12 are based upon legal advice which I believe to be true; nothing has been
concealed and no part of it is false.
Verified at _____________ on this _________ day of ________20 ______
DEPONENT
Delhi Rent Control Act 1958
Section 19. Recovery of possession for occupation and re-entry
(1) Where a landlord recovers possession of any premises from the tenant in
pursuance of an order made under clause (c) of the proviso to sub-section
(1) of section 14 [or under sections 14A, 14B, 14C, 148 and 21], the
landlord shall not, except with the permission of the Controller, obtained
in the prescribed manner, re-let the whole or any part of the premises
within three years from the date of obtaining such possession, and in
granting such permission, the Controller may direct the landlord to put such
evicted tenant in possession of the premises.
(2) Where a landlord recovers possession of any premises as aforesaid and
the premises are not occupied by the landlord or by the person for whose
benefit the premises are held, within two months of obtaining such
possession, or the premises having been so occupied are, at any time within
three years from the date of obtaining possession, re-let to any person
other than the evicted tenant without obtaining the permission of the
Controller under sub-section (1) or the possession of such premises is
transferred to another person for reasons which do not appear to the
Controller to be bona fide, the Controller may, on an application made on
him in this behalf by such evicted tenant within such time as may be
prescribed, direct the landlord to put the tenant in possession of the
premises or to pay him such compensation as the Controller thinks fit.
Section 20. Recovery of possession for repairs and re-building and
re-entry
(1) In making any order on the grounds specified in clause (f) or clause (g)
of the proviso to sub-section (1) of section 14, the Controller shall
ascertain from the tenant whether he elects to be placed in occupation of
the premises or part thereof from which he is to be evicted and if the
tenant so elects, shall record the fact of the election in the order and
specify therein the date on or before which he shall deliver possession so
as to enable the landlord to commence the work of repairs or building or
re-building, as the case may be.
(2) If the tenant delivers possession on or before the date specified in the
order, the landlord shall, on the completion of the work of repairs of
building or re-building, place the tenant in occupation of the premises or
part thereof.
(3) If, after the tenant has delivered possession on or before the date
specified in the order, the landlord fails to commence the work of repairs
or building or re-building within one month of the specified date or fails
to complete the work in a reasonable time or having complete the work, fails
to place the tenant in occupation of the premises in accordance with
sub-section (2), the Controller may, on an application made to him in this
behalf by the tenant within such time as may be prescribed, order the
landlord to place the tenant in occupation of the premises or part thereof
or to pay to the tenant such compensation as the Controller thinks fit.
Note: Please check the amended rent control act for updated sections
AFFIDAVIT FORMATS
Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma
Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage, Act
Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act
Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005
Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act
Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal
Affidavit to Register Marriage under Hindu Marriage Act
Affidavit under Section 2 of Dissolution of Muslim marriage Act
Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order
Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act
Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application
Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC
Affidavit for Petition for maintenance under section 125 CrPC
Affidavit for production of documents in court which not produced earlier
Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation
Affidavit for Application to arrest Defendant before Judgment
Affidavit for Application to change name in the Education Certificate
Affidavit with Application for substituted service of summon order V Rule 20 CPC
Affidavit with Application for Registration of Will after death of Testator
Affidavit to Application objecting notice to vacate premises occupied the by the landlord
Affidavit for Application to issue Duplicate Driving License from Transport Authority
Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years
Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act, Ground of Adultery
Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion
Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA
Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage
Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act
Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act
Affidavit to Petition Probate under Section 276 of Indian Succession Act
Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant
Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm
Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII
Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum
Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC
Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC
Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure
Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure
Affidavit for Bail Application under section 437 of Code of Criminal Procedure
Affidavit for issue of Death Certificate after registration of death
Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court
Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court