Lessee is absconding

Parag (Querist) 19 January 2020 This query is : Resolved
I had given my premises on leave and license basis to a lady for her tours/travels office. She is absconding. Her LL fees PDC cheque has returned yesterday. Her husband said that she has borrowed money from market and probably fleed. He has intimated the police that she is missing. Her husband and her father are ready to hand over the keys and end the contract. They dont hold her POA. Her furniture is still there in the said premises and electronics is not there. In this case, will it be alright if her relatives end this contract or should I file a eviction suit?

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kavksatyanarayana (Expert) 19 January 2020
You have to file an eviction suit by consulting a local lawyer.

Sb Karma (Expert) 20 January 2020
Eviction suit is best option for you.

Raj Kumar Makkad (Expert) 20 January 2020
Eviction petition is legally best option but the same shall take some long time. If you are in hurry then short cut procedure can also be got adopted wherein the husband and the father under the videography can unlock the premises, can obtain all belongings of the tenant with due acknowledgement and further can wind up the contract and all other formalities concerned with the said tenancy like no dues etc.

Guest (Expert) 20 January 2020
Rajkumart Makkad is once again misguiding the Querist with his sick habit of advising short cuts which would land the Querist Mr,Parg in more trouble

Guest (Expert) 20 January 2020
Discuss with local good Advocate and you should open a locked house only with the consent of concerned Police or the Court only

Parag (Querist) 20 January 2020
Thanks everyone for your opinion. Just today morning I spoke to her husband. He said that he and his father in law are ready to give me an application for pre-mature termination of contract attached with Missing person's police complain copy. They are ready to indemnify me infront of a notary. They are also ready to take away her furniture or any other items and hand over the key to me. In this case what do you feel?

SHIRISH PAWAR, 7738990900 (Expert) 20 January 2020
Dear sir,

You entered into contract with lady. So avoid dealing with her husband and father in law. They have no concern with the agreement. You have to file eviction suit.

Regards,

Parag (Querist) 20 January 2020
Normally eviction suit takes how long?

Raj Kumar Makkad (Expert) 20 January 2020
If the husband and the father of the lady are ready to handover the possession in the presence of the notary and the police authorities, you should opt for it instead of going for the eviction petition against that lady the whereabouts of which are already unknown, the police complaint has already been instituted in that regard. She is already absconding since a long so even no exct address of that lady can be given in any court proceedings.

Raj Kumar Makkad (Expert) 20 January 2020
It is praiseworthy that one of the experts regularly watch and reads my replies and pays his valuable time to comment thereupon. I pay thanks to that expert.

Raj Kumar Makkad (Expert) 20 January 2020
It is surprising that such expert also scores some more marks on making comments on the experts.

Dr J C Vashista (Expert) 21 January 2020
Neither the husband nor father-in-law are arty to the lease and licence. Any action or decision taken by them holds no ground in law.
It is advisable to consult a local prudent lawyer for better appreciation of facts/documents, professional guidance and necessary proceeding.

T. Kalaiselvan, Advocate (Expert) 29 January 2020
In my opinion, it would not be proper to take possession from the father or father in law of the licensee.
The police complaint about man missing against the licensee is an advantage to you to get the eviction suit disposed at the earliest possible in your favor.
You may first issue a legal notice to her for non payment of monthly rent with an instruction to vacate citing wilful default as reason for eviction.
The notice will be returned undelivered, after which you may file an eviction suit and get n exparte order on the same basis, then file an execution petition to take delivery through court ameen, which will be the safest mode of repossessing your property without any legal hassle in this regard at anytime in future.

Parag (Querist) 30 January 2020
Thanks for your reply. Normally, how much time does it take to get a decree in our favour and then then how much time for execution petition?

Parag (Querist) 30 January 2020
"Clauses in Leave and license agreement clearly mentions that incase of breach of any clauses mentioned herein, the Licensor will give 15 days to rectify this breach and if not 30 days an eviction notice and then licensor will be free to take back possession at risk and consequences of the Licensee."

Despite this clear clause, will we still need to file eviction suit.?

Parag (Querist) 30 January 2020
With clarity in LL agreement, taking back possession with the help of police (panchnama), will this not be legal, safer & faster way than eviction suit.