Tenant not vacating

Priyadarshini (Querist) 10 May 2012 This query is : Resolved
Hi,
We have a house in Bangalore prime area near commercial street.Its been more than 60 years old, dilaphilated and also since my uncle's portion of a single house was demolished and built recently it has become even more weak.We decided to construct the house, since its an ancestral property.We have given the ground floor for rent to a person in the neighbourhood for using it for packing gloves, apron, etc which is his business for the last 5 years.The contract was made by my father who expired 3 years back.After that we tried to renew the contract twice by getting the stamp paper and signing it, but he never signed.Now that we wanted to build the house, we asked him to vacate in October 2011 by giving him in notice in July.Later we also sent registered posts in January informing him legally to vacate.He too agreed to vacate by March 2012.We also havent received any rent from him from the last 7 months.We have also vacated the house to a rented house since the building is very weak and leaking in March 2012.Now that my father is not alive and mother is not working, my brother has to pay the rent, house expenses and other expenses from his single salary.We have also got our housing loan sanctioned from LIC.Our plan has been sanctioned by the governement.Building Contractor was also ready to start building the house.But this tenant of ours isnt vacating.He has also got order from the court asking us to not do anything till the case comes to hearing in the court.The hearing is on June 7th 2012.Of course he hasnt mentioned any of these facts in the case.Moreover we received the lawyer's notice and not the one from the court yet.Moreover my tenant's brother works in the prison at Bangalore, he puts injection to the prisoners.So he brought many rowdies and goondas to threathen us.My building contractor and demolisher too got threathening calls from the rowdies.I am married and abroad, hence my mom and brother are really frightened due to this.They are not even moving out freely.We tried settling the matter by speaking to him many times, but the tenant is just buying time and not really vacating.We were dreaming of getting our old property built, and make my father proud, who isnt with us.What can we do??How long will getting an eviction notice and throwing him out take considering the above facts??Is there fast track court for the same??In India even after having all the evidence and points with us, we are scared about the court for 1 reason that it will take a long time..Please help.

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ajay sethi (Expert) 10 May 2012
was it a leave and licence agreement was it duly stampedand registered?

contact local lawyer in banagalore . since he has moved court you have to show that agreement had expired he had not paid rent and should not be granted any reliefs