I had let out my property to a person and entered into a lease agreement. the tenant has been defaulting on rental payments since the 2nd month and has paid only for 3 months out of the 8 months he has occupied the property so far. The agreed advance was also not paid. Finally he agreed to vacate and gave a cheque twoards final settlement, but the cheque also got returned for reason "Account Closed". He has also not vacated, but instead filed a civil suit seeking injunction against forcible eviction by citing reasons that he has been paying rent regular by cash for which no receipt is issued. What remedies do I have in this regard. Unfortunately, I have been misguided by few lawyers that cheque return for reason "Account closed" will not fall under ambit of sec 138 of NI act and so, the time period of 15 days for sending legal notice has also expired.
