I want consultancy on the following case against a defaulter tenant:
I had given one of my rooms on rent on Pagdi basis (though Pagdi amount was written nowhere) to two brothers (jointly) in the year 2000 with an agreement of two years to do transport office, though even after two years it was not renewed and no rent was increased till the year 2006. Again in the year 2006 it was renewed and rent was increased from Rs. 250/ to 350/- and fresh agreement was made for two years. Again in the year 2008 when I told them to renew the agreement with an increase in Rent , the elder brother of the tenants denied to increase and sign the agreement , But the younger one promised to give the increased rent from rs. 350/- to 400/- and promised that he will try to convince the elder brother to sign the agreement (May be it was their politics). I got the increased rent but everytime it was 2-3 month late and after much harassment and reminders and the agreement was not also signed. So when after getting Rent till October 2010 , when they did not come to me to give the rent , In the month of February 2011(since as per agreement of 2006 non payment of rent for consecutive 3 month made them defaulter, though that agreement was lapsed) I sent them a request letter through my Lawyer to vacate the room on the ground of non renewal of agreement and defaulter in payment of rent (giving 15 days time period). But they replied through a letter making false allegation on me of not renewing the agreement and not accepting the rent monthly and sent me a moneyorder for due period of 4 months which I rejected as advised by my lawyer. Now I seek advise from experts for my next course of action in these circumstances:
1) My lawyer told me that If he deposites the rent in Rent control and send us any legal notice then we will prove him defaulter : I want to know if he does not deposit the rent in rent control , neither sends us any notice , should I file the Eviction suit? IS there any time period to file the eviction suit after rejecting his moneyorder, because I have to go out of station for next 2-3 month for some health reason and my lawyer telling me to file the suit after coming back.
Whether this delay in filing the suit make my case stronger of weaker?
2) I am retired Headmaster getting pension of govt aided school and my age is around 80 years? Can I take any benefit on these grounds.
Kindly suggest whether my lawyer is going on proper way , ( Actually those tenant brother are of political background and I am afraid if they have used their political contact on my lawyer to make my case weaker). SO please give me some advise
