vacating tenant vacating tenant

my father gave a shop to a tenant with a bond from 2012 to 2016 taking an advance amount of 50,000 without any monthly rent. In this past 4 years we didnt even took one rupee as rent from tenant even the bond expired before 4 years. my father recently passed away. we asked our tenant to vacate the shop but he demanding for the advance amount of 50,000 even he stayed without any and paying rent. should i go to police first to make him vacate because he dont have any legal document or should i file case in court first?

Kishan Dutt Kalaskar Retired Judge

Responded 1 year ago

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A.Dear Sir,
You may approach police as well as a suit for eviction or to recover possession. You must say that Rs. 50,000/- was adjusted towards 3 years rent and he is over staying.


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Ayantika Mondal @ Prime Legal

Responded 1 year ago

A.Hi
An eviction notice can be sent to the tenant ordered by the court.And as far as the advance amount is concerned, you can refuse to pay back it to the tenant since the bond had already expired 4 years ago. The police would not be able to help you with this matter.
But this also depends on the situation that whether you asked the tenant to vacate the place in all these years, if not, the court will definitely consider this situation. Since the bond had already expired, you definitely have the right to ask the tenant the vacate the place and for the same.. Thank You.
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Anik

Responded 1 year ago

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A.Hi,
Since the bond had already expired, you definitely have the right to ask the tenant the vacate the place and for the same, an eviction notice can be sent to the tenant ordered by the court. The police would not be able to help you with this matter. And as far as the advance amount is concerned, you can refuse to pay back it to the tenant since the bond had already expired 4 years ago. But this also depends on the situation that whether you asked the tenant to vacate the place in all these years, if not, the court will definitely consider this situation. Thank You.
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Srinivasa Prasad

Responded 1 year ago

A.Best possible option shall be to pay him Rs.50,000/- ask him to leave. If you go to police / court, it will take substantial time, money and loss of man days.
Better get it settled, ASAP. Throw him out of your premises and let out the premises to new tenant by executing lease deed.
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Adv Chakrapani Madupu

Responded 1 year ago

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A.do you have rental deed / agreement
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