I am 72 years old years old and have ownership of commercial property in the joint name of myself and my wife in Andheri, Mumbai. I gave this property on 33 months rent. Due to my wife suffering from many illnesses I made the agreement by myself without my wife. It was standard agreement made online.While making agreement I included in terms and conditions that if the tenant doesn't pay the rent then after giving one months notice, he will have to vacate the premises. From November onwards the tenant stopped giving rent under the pretext that the business is not good. I gave notice in December and full and final notice in January 2023 to pay the outstanding rent and vacate the premises. The tenant is just sending WhatsApp messages that he will positively pay in next month. But till today he has not paid any rent so far. My lawyer wrote a letter to the concerned police station on my behalf and I submitted the letter to the police station. My lawyer says that it is a case of trespassing of property. In stead of filing eviction suit which is time and money consuming, the case under section 441 will serve the purpose and the police will force him to vacate the premises. So far the police have not taken any action. Please tell me what should be done.
