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Aysha Mumtaz   31 July 2021

Agreement lease

we made the agreement 6yrs ago for a shop. Then they said no need of agreement. But now they are not ready to get out from our shop. Its been 10yrs.
if we go legally what could be the result??


 9 Replies

Advocate Bhartesh goyal (advocate)     31 July 2021

You can file eviction petition against tenant on the grounds available to you.

1 Like

Aysha Mumtaz   31 July 2021

can't we just remove their things and lock the door??😅

Shubham Bhardwaj (Advocate)     31 July 2021

Dear Ms Mumtaz, 

Once a person has come into possession of a property such as a tenant, he can only be evicted as per law i.e. the tenancy law. I completely agree with learned Advocate Sh. Bhartesh Goyal G.  You must file an eviction petition under your local State laws to evict tenant on the grounds available such as personal use, family emergency need etc etc. 


Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh


Disclaimer:- Opinion is only for guidance. 

1 Like

Dr J C Vashista (Advocate)     01 August 2021

Well analysed and advised by experts Mr. Bhartesh Goyal and Mr. Shubham Bhardwaj, I endorse and appreciate.

You did not disclose:

Whether original 6 years agreement (presumably it is rent agreement) was registered or notarized or unattested?

Where (which state) is the shop located and what is the rate of rent agreed in the original agreement ? Whether there is any clause for increasement of rent after "some" period ?

What were the circumstances where you had permitted the tenant to enjoy the demised premises without any agreement ?

Did you file eviction petition to know the "result" of the same ?

What is the opinion and advise of the lawyer engaged by you, if any ?

G.L.N. Prasad (Retired employee.)     01 August 2021

At the same time, once again explore the chances of eviction through compromise through friends and relatives as litigation involves delay and expensive for both.

H.JanakiManohar Rao (lawyer)     01 August 2021

You can give three months advance notice to vacate the demise premises for your personnel purpose,if you want to go legally.Otherwise mediation is quick and better.

P. Venu (Advocate)     03 August 2021

Yes, eviction is possible only possible through the due process.

Aysha Mumtaz   24 November 2021

actually they did not pay the rent properly. a rent of 3.5 lakhs is remaining. and when we asked them to move out they are not ready to leave. they are like we should not ask the rent which is remaining (3.5lakhs). And should pay the full deposit. And the agreement is the notarized one. and in the agreement only 11months is mentioned .i.e of 2014

G.L.N. Prasad (Retired employee.)     24 November 2021

A lease deed is a mandatory document to be registered under the law, and it is the duty of the lessee to follow the laid down law.  Eviction must be as per law and not paying rent is the strongest point in your favor.  The only local advocate can get you a remedy and the lessee is bound to pay the market rent irrespective of the agreed one with such penalty for not vacating the premises.  Yes.  The process may take a decade and compromise is the only shortcut.

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