Tenant not vacating the shop

you can vacate as per law so you file RCOP case.

this is not a police case , you have to file case for eviction of tenant in civil court.

Sir, but if we file a case, then it's going to take ages and neither do my parents have the money nor the strength to fight. This man bribes muncipal officer to allow him to sell his stuff on the road outside our shop. Moreover he's got connection with the police. Everyone in Vinayak Apartment is fed up with him, but no one dares to voice out. The police assured my dad that they will talk to him today.

Filling a case in the court of law is the proper way of getting your shop back. If you where in need of money then you should have sold out that shop rathere than giving on rent, all citizens of our law abiding nation know how much much procedure followers are our courts then if it takes ages to get justice is no surprise.

Many mistakes you have made before and after giving the shop on rent.  First you gave shop on rent to minority religion member and your tenant may seek sympathy from the court from being evicted at least for 20 years.  Second you have not registered your agreement before magistrate that tenant would vacate the shop after 11 months.  Third you gave your tenant extension without any writing and in front of magistrate.  Fourth you failed to vacate your shop and remove your tenant on expiry of 11 months agreement..  As you have permitted your tenant to stay in your shop without any writing, you will have to give your tenant 20 years accomodation in your shop even if  you go to court because you have made many mistakes and you have not taken advise from your lawyer before giving your shop on rent.  Your case is loosing case therefore you commuicate with your tenant and solve the problem with mutual discussion before going to court.

Respected Tripti, how religion comes in between. If you want to advice, advice in good humour. Do not discourage him. As if all Hindus are not criminal. Mr.T.S.Dhumak, you move against the tenant by filling RCOP as suggested by Mr.Ali even if you are not financially sound do not worry talk to the advocate frankly and i hope that anyone will come to help you. You have a very gud case do not worry and do not be misled by such people who wants to blame you for the innocent of your act. and one step further you can suggest your advocate for filling the RCOP as well as the DISTRESS Petition before the Registrar for the settlement of the Rent in due. Please go legally as you will be the winner. There is no religion for criminals.

I  TOO FAIL TO UNDERSTAND THE LOGIC OR LAW BEHIND THE ADVICE OF THRIPTI. BUT SHE CAN ELABORATE  FOR EVERY ONE TO UNDERSTAND THE BASIS OF HER ADVICE. I REQUEST HER TO DO THE SAME. AS I UNDERSTAND THERE IS NO DIFFERENCE EVEN IF REGISTERED LEASE IS EXECUTED. THE TENANT IRRESPECTIVE OF HIS RELIGION HAS TO BE EVICTED BY DUE PROCESS OF LAW.

THANKYOU. 

I agree with tripti that we didn't do registration. But this was not the 1st time we were renting the shop.And the lawyer at that time said doing a  Rs 500 Notary is good enough. And we never expected something like this would happen. Anyways luckily dad happened to meet some guy who had good connection with the police and on friday police called both the parties and has warned him to vacate the shop within a months time. The police has this written in his book and signed by both the parties. So now we just hope that he will surely vacate it by march 15th.

Recently supreme court gave a judgement on this Tenent matters. the supreme court opined that whoever owner had an agreement with the tenant can take the help of the police make them to vacate schedule property after completion of the agreement period.. anyways please approach the good legal expert near to you. 

please go through the judgements and the acts mentioned in that. you will get some idea.
 

please go through the rent control act, 1958, definately you will findthe remedy. dont be afraid... and dont loose the hope. k na. bye

So wait till 15th march.

Yippee, we got our Shop back, Thank You Vasai Police. Thank You all of you for your valuable advices. I did learn a lot through this case.

Dear Mr. YATENDRA KUMAR,

Recently supreme court gave a judgement on this Tenent matters. the supreme court opined that whoever owner had an agreement with the tenant can take the help of the police make them to vacate schedule property after completion of the agreement period.. anyways please approach the good legal expert near to you. 

please go through the judgements and the acts mentioned in that. you will get some idea.

Pursuant to your above reply, please give me judgement copy because the complainant has got his shop with the help of Vasai police.

Dear Mr. Kumar, I would be grateful if you cite the apex court ruling you have referred in your comment. thank you , with regards.