In my property in Delhi, a shop of 12 sq. mt. was rented from last 27 years @200 per month. The shop has remain closed for almost the same time. The tenant had taken the shop in his son's name so that his Doctor son can do practice but after 2/3 months he closed the shop as it did not ran well. The shop has remain closed and is hardly open since its inception. There is no electricity in the shop and it is situated in a posh colony and not in a slum.
The said property is an old construction and I have three sons. Since the rent was below 3500/- so I had filed a petition under the bonafide requirement under clause (e) to section 14 (1) under the DRC act, 1958. But, even before the first hearing was heard in the district court the tenant approached me for settlement and after couple of meetings between me and my tenant, both the parties agreed to arrive at a mutual aggrement based on some consideration amount to be given to tenant. The deed of surrender of tenancy is executed and is attested by the notary before the first hearing and I will be filing the withdrawl of petition soon as per the conditions agreed in the settlement deed.
Now, I got some documents which are duly registered in the sub registrar office of my district locality that my tenant had entered into a partnership with an individual and had taken some lakhs of rupees in cash from him.
Below are the documents that I have got :
1. Partnership Deed between my tenant and the other individual
2. Will Deed signed by tenant against my shop
3. Power of Attorney of my shop given to the other individual
4. Dissolution Deed of the partnership between the tenant and the individual on the same day on which the partnership firm was formed.
Please advice me on
1. Whether I should go ahead with the withdrawl of eviction petition that I filed against my tenant?
2. What grounds like forgery / fraud under section 420 and others can I sue my tenant or atleast if I can pressurize him to return me some money?
Note: The shop has remained closed during all that time and is currently in my possession.
