My father had taken a Commercial Property on rent, during token exchange there were many thing were promised by the owner, which he did not fulfill after getting Deposit. Also in the agreement there were few unacceptable conditions, which delayed the signing off process and ultimately it is not signed yet. During the discussions my father had given him deposit cheque on the condition that before agreement he will not deposit it in bank, but next day only he had put it in the bank.
Since he did not fulfill his commitments and due to other conditions my father had to close down the business. Mainly because equipments which he was supposed to give, were belong to the old tenant and he had taken it back. Also he was supposed to provide licenses which he did not give and my father do not wanted to do the business illegally, and hence he closed it down exactly after one month. And surprisingly within 2 days electricity was cut due to nonpayment rent.
Now putting many conditions he is trying to cut amount from the deposit, e.g. he is cutting 1 rent against notice period etc. Since we have handed over the property keys to him, he is trying to give that property on rent to other party, and once he do it we are afraid that either he will cut big amount from the deposit or he will play a delay tactic.
My question is.
1. Can I have a stay order on the property only for renting it out? This will help me in early settlement.
2. How to recover maximum amount back?
3. Can I file a case against him for recovering full amount against cheating (fake claims?)
4. I have spent some amount for refurnishing the property, can I get it back from him?
Please guide me.
