I am a 68 year old person from Visakhapatnam. I gave my shop on rental to a person for tailoring. He paid the rent for the last time in Aug 2019 through phonepe. From Nov 2019 he stopped paying current bills also. So I tried to call him to warn him about these things but he didn't pickup the phone then.
So I locked the shop in Feb 2020 having no other option and sent him an sms to meet me, vacate the shop and pay the outstanding rent. He then came to and blackmailed me that if I didn't give him the shop back, he would harrass me through police. As I didn't open the lock of shop, he gave a wrong complaint against me in police station in July 2020 but police said him to pay rent first and then do anything in court or in the presence of elders. And like this 6 months passed.
Suddenly on 28th Dec 2020 at 2 am he came to shop and tried to break the lock of the shop. I heard the noise, video recorded it, called the police to stop this. And next day I filed an fir against him on which no action was taken till now. From then he stopped coming to the shop. But I am losing 2 yrs of rent because of him. I have no other sources of income aparat from this and my children are still young. Please tell me how can I evict him and collect my outstanding rent of 2 yrs.
What is the rate of rent and whether the property is covered under State Rent Control Act or Transfer of Property Act ?
Consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.
You should not have taken law into your hands. Instead, due process for eviction in accordance with the Rent Control Act in force in your State should have been initiated. Non-payment of rent is a substantial ground for seeking eviction.