My dad and his brother raised a single commercial buiding in their lands which is located side by side with equal dimension but both of the land possess independent sale deed.On 1994, my dad gave power of attorney to his brother empowering the following rights: construction, LETTING OUT THE PREMESIS for new tenant, evicting the tenant, for collecting rent, giving receipt for the collected rent, and so on but the power does not includes mortgaging,selling the property and getting advance from tenant .my dads brother leased out the total premesis using the power of attorney on 1995 with a 9 yr agreement(single agreement for the total premesis).My dads brother constructed the entire building using their father's fund. power holder who is none other his own brother acted in collusion with the owner of the tenant and collected 15 lakh as advance which does not bind us since we didnt gave power to collect advance.when we came to know my dads brother misusing the power, my dad revoked the power of attorney on 1999 and started collecting the 50% rent from the tenant directly. the rent was increased as per the agreement upto 2004. tenant is refusing to come forward for a fresh separate agreement for our side(eastern side) since that 9 yr agreement is lapsed on 2004.since then from 2004 upto now, tenant is enjoying the premesis without any increment in rent and without any agreement.As per the agreement, the rent is 15k half of which is given to us at the start.upto 2004, our side rent alone increased upto 11k as per the agreement but the same amount is paid upto now.electricity board is on his side of the building and the total building possess single address.
My question are:
1.will that advance amount bind us?Is advance and rent is part and parcel of LETTING OUT THE PREMESIS?
2. Is the building acts as an undivided share since the building is raised as a single unit?
3.I'm decided to open a business in my own premesis, can i evict the tenant under the ground of own use and tenant's illegal occupation of the premesis?
if that possible which is the best way to send them the notice since i read several forums in this site i came to know beginning notice is very important
plz help me regarding this case
