tenancy not getting vacated tenancy not getting vacated

4 years ago

I have given my shop to a tenant on rent in jan 2015 and at that time a 3 year agreement was done attested by notary then after 7 days he told me to make 11 month court agreement as he needs to apply for some loan in which he wrote the rent of Rs.8000 instead of 18000 mentioned in notary agreement to ssave his court fees.Till Dec 2019 he is giving rent of 21000 due to mutual agreement verbly and 1st year he transferred rent to my mothers account instead of mine of Rs18000.All payments are done through bank.In december when we told him to vacate(verbly)he told us that he needs 6 month and then we told for rent of Rs.25000 during that period.On 6th jan 2020 he filed a stay for permanent prohibitory injunction restraining defendant or any one claiming through him from interfering in any way.
Till today i have not received the stay copy as the delivery guy wrote the report address not found.
We gave the shop for readymade business but he changed the business to fast food in dec2018 which he also has mentioned in his case.(which is voilation of agreement).Can i take the possession forcefully or not as he has mentioned in his case that i have sent someone on 28th dec2019 to forcefully vacate the shop.

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
You have to get issue a legal notice under Section 106 of Transfer of Property Act and then file a suit for eviction.
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Rameshwar Dadhe

Responded 4 years ago

A.You will need to file evacuation petition against them
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