Sir, A tenant eviction case under section 13-B was decided in favour of NRI landlord in lower court in the year 2015. Tenant appealed in High court. There after the tenant and landlord settled the matter and the suit was withdrawn in 2017 and vacant possession handed over to landlord. can the landlord lease/sell the property now instead of waiting for 5 years from the date of possession as the matter was settled.
if not then can an undertaking / affidavit from the tenant serve the purpose. ( whereby tenant clearly mentions no further interest in the said property )
When the tenant has withdrawn the suit in 2017, then the case of eviction has already been closed. In addition to it the tenant had also vacated the house after the settlement (may be with some money from the NRI landlord).Then I don't think Five years restriction will be applicable. Moreover the property is also vacant now. Please consult some local lawyer, who may guide you properly.