TENANT NOT VACATING

Querist : Anonymous (Querist) 20 July 2011 This query is : Resolved
DEAR SIR
I AM FROM JAIPUR, RAJASTHAN

WE HAVE RENTED A COMMERCIAL PROPERTY FOR 11 MONTH LEASE CONTRACT, SINCE YEAR 2008.
(IT IS ON RS100 STAMP PAPER/UNREGISTERED
CONTRACT)

NOW WE ASKED OUR TENANT TO VACATE IT BUT
HE IS ASKING EXCUSE AND WANTS A TIME FOR
2 YEARS TO LEAVE.

IN THIS CASE, PLS SUGGEST ME BEST WAY ~ HOW SHOULD I HANDLE THIS MATTER ?..

I WANT MAKE SURE THAT HE MUST VACATE W/IN 2 YEARS, AS WE MUTUALLY AGREED ~ SO, HOW CAN I TAKE LAWFUL ACTION FOR THIS PROCEED.

MY LAWYER SUGGESTED TO SUBMIT A PETITION FOR CASE AND GET A COURT DECREE AND ASKING ME THAT IT MAY COST UP TO RS30~40,000.

IS THERE NOT ANY OTHER WAY, WHERE WE MUTUALLY SUBMIT FOR A ADVANCE DECREE OR SOME OTHER WAY ~ SO THAT I CAN TAKE BACK POSSESION IN TIME ?..

PLS HELP ME ASAP

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M.Sheik Mohammed Ali (Expert) 20 July 2011
best without evidence any case will not succeed so you must as your wish made agreement then file a case if not vacating the premises.

DEFENSE ADVOCATE.-firmaction@g (Expert) 20 July 2011
It is not that easy , once tenant enters your premises very difficult to evict him.The matter may go upto SC which will take more than your life time.

prabhakar singh (Expert) 20 July 2011
IF YOU FOLLOW MY ADVISE THEN ENTER INTO A FRESH REGISTERED LEASE OF A FIXED TERM OF
TWO YEARS ON RENT AGREED AND MAKE A COVENANT
THAT TENANT SHALL VACATE THE PREMISES ON A FIXED DATE NOTED IN THE LEASE.ALSO MAKE A COVENANT THAT IF HE FAILS TO HAND HOVER THE POSSESSION ON THE DUE DATE HE WILL BE LIABLE TO PAY DAMAGES FOR EACH DELAYED DAY {@ TWICE THE RENT(figure out the amount)}.

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