Rent not paid and not vacating

Issue notice to the tenent to vacate the house, any how he wont reply so file a suit for possession, before that a consult a lawyer and it is necessary to go thru., the bombay rent act.

This is a sensative issue and take help of local advocate , mistake in issue of notice will be fatal and such advice will go against you.

Yes. you have to approach a local Advocate.

Payment of rent regularly is an important clause in any lease agreement. Non-payment of rent leads to forfeiture of lease. You can issue a 15 days notice to the tenant as per section 106 of the Transfer of Property Act  terminating the lease and handing over of vacant and peaceful possession to you.  If he defies, you can file a suit for possession/arrears of rent and damages. Notice can be issued through your lawyer. 

By filing a suit will not solve the problem as you are not residing in mumbai because in a suit for possession you have to prove your bonafides  before the court that you doesnt have any other premises to reside.  

From you quries it is not clear whether your appartment is of owner ship or you your self is the tenant, it is better advisable to contact your advocate who has made the agreement because he know better your position then you r incomplete enquries, because in proper knowledge  may harm you by lossing you peace of mind.