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How do i get possession after completion of leave & license agreement

(Querist) 18 September 2014 This query is : Resolved 
Dear Experts,

I have one shop in Maharashtra state Dist : Palghar (The actual owner is my mother), 11 Year ago I give my shop to a firm (Partnership firm) on rent to run them Medical Shop in that shop. At that time we made Lease Agreement for 5 Years (Which was not registered).
After completion of 5 years when I asked for renewal of such agreement, they (both partner) let go the matter till next two years, after that I forced one of the partner to make LEAVE & LICENSE AGREEMENT & he agree.
With single partners sign I made L & L agreement for 11 months & register it. I renew it again last year for 11 months & register it (The second partner did not aware all these things). The all registration was done in maharashtra state
In their partnership deed the both partner have equal rights & 50-50 share in profit as well as loss.
Now my Query is
1) On the completion of agreement how can I take possession (I issued notice 30 days ago to the partner who signed agreement)
2) The partner who signed agreement is agree to leave the shop but second partner may create some problem.
3) I don’t want to go to the court coz it will time consuming process (As per my guessing)
Please give me your valuable suggestion & guidance
ajay sethi (Expert) 18 September 2014
if partner refuses to vacate you have no option but to file suit for eviction . you cant take possession by force
Prasad (Querist) 18 September 2014
Thanks Ajayji, But where to suit the file? in court? how much time it take for eviction order? can party go for appeal further?
Rajendra K Goyal (Expert) 18 September 2014
Due to rush in the courts case may take 2-3 years or more. Consult local lawyer for jurisdiction and other matters. Yes after eviction orders other party may go for appeal.
K.K.Ganguly (Expert) 19 September 2014
File the eviction suit immediately.
Prasad (Querist) 19 September 2014
Thanks Mr. Rajendra K Goyal & K.K.Ganguly for guidance


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