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Girish (Engineer)     06 June 2011

Tenant not vacating

I have given my property situated at Nagpur, Maharashtra for rent. Agreement is for 11 months tenure on non judicial stamp paper of Rs. 100/- effective from 1st Dec 2009 but not registered. But the tenant is not vacating the house even after repeated verbal notice. After the completion of the 11 months he had given me in written on a plain paper that he will vacate the house in 5 months but still he is not vacating the house

However later I came to know that it is mandatory to register such agreement. Does it mean that these agreements are illegal and I can’t take any legal action in case tenants refuse to vacant the places after 11 months?

Also he has not paid the rent since last 6 months.

I lives in Pune so I can not frequently go to Nagpur for colecting the rent. Only proof I have is that he used to pay the rent by cheque in my bank account which has entry till november and the last cheque he had given to me was defaulted.

Can you please suggest me the solution for this?
 



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 2 Replies

Advocate M.Bhadra   06 June 2011

You did not mention the what type of agreement you have executed,  in a Leave and Lisence Agreement there is no need to register,now you should the send a Notice to the tenant  by revoking the lisence as well as breach of cotract, then file a suit for eviction of tenant in Civil Court. You may file a another case U/sec.138 N.I.Act. for cheq in Magistrate Court for cheque bounce.

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Girish (Engineer)     07 June 2011

Hello,

Thanks for your response. I have executed  Leave and Lisence Agreement  but I have heard that under maharashtra rent control act even a  Leave and Lisence Agreement needs to be registered. As my agreement is not registered so can I file a case againt tenant?


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