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Tenant (also a loan taker) missing.

(Querist) 15 June 2021 This query is : Resolved 
As stated earlier:-
1) Brother gave loan to tenant loan of Rs. 1lakh in 2019. Through Cheque.
2) Instead of the returning loan, he stops even rent.
3) Later in march an MOU happen between brother & him that he shall pay previous rent, further rent, and loan amount. ( Loan amount till 31st May.)

But he did not pay a single paisa. Not even further rent. He is now missing also. Did not open the shop also.
We make a complaint at the police station(for MOU breach) but they do nothing. They ask us to go to court.

What shall we do now?
Advocate Bhartesh goyal (Expert) 15 June 2021
You have to file civil suit for recovery of loan amount with interest also to file eviction petition on ground of default in making payment of rent and due and out standing rent amount before Rent Tribunal.
kavksatyanarayana (Expert) 15 June 2021
As his whereabouts you don't know, give a missing ad in the largest circulated daily Newspaper of your state. And by consulting a local advocate file an eviction suit.
Dr J C Vashista (Expert) 16 June 2021
Police has no role to settle rent or loan issue with the tenant.
Your brother has to find where about/ present address of the tenant and file two separate cases for recovery of loan amount and payment of rent/ eviction from demised premises, as per law(s) governing the subject.
Sankaranarayanan (Expert) 16 June 2021
I do agree with experts Mr.Goyal and Dr.Vashista ji opinion.
Sudhir Kumar (Expert) 16 June 2021
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

Such loan is taken by a person:-


Who lacks business sence and cannot raise funds out of his own business and suddenly wants to be rich.

who cannot raise bank loan because :-

Either

he himself is not creditworthy

Or

the purpose for which he seeks loan is illegal

or

the purpose for which he seeks loan is not at all commercially viable.

Who knows he can afford not to refund.
Who trusts his thick skin
Who intends not to refund
Who has made fortification against action of refund.

So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)

Such loans are given by the persons :-

Who has surplus money.
Who displays and boasts of such surplus money.
Who stupidly believe that there will be a refund.
Fails to realise as to why he alone (not bank) is being contacted for loan.
Who has extreme trust on the debtor
who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

Such loans are always given

Without documentation.
Without witness
Without guarantor.

Business started by such money (easy money belonging to other) invariably fails.

Such loans always sink and not refunded.

T. Kalaiselvan, Advocate (Expert) 17 June 2021
Your brother has to first issue a legal demand notice demanding the return of the loan amount borrowed by the tenant, and then another legal notice instructing the tenant to vacate the rented premises for default in the rental payment.
Let both the notices be returned unserved.
He can file a money recovery suit for the loan amount and an eviction suit to evict him separately.
Consult a local lawyer and proceed as suggested.


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