Since,in the absence of written lease,it shall be treated as a tenancy emanating month to month.if the property is not goverened br the Rent Control Act(since you've not mentiones where the property is situate anh how much is the rent),then notice u/s 106 of T.P.Act shall have to be given. And thereafter, after termination of the tenancy, you can claim damages for use and occupation besides filing a suit for possession under the tranfer of property act. If it is covered by some rent control act, then the petition for eviction will've to be filled.Furnish all details about location and rent of the property and other mutual terms and conditions agreed upon, so that explicit line of action can be suggested .
