Rental agreement

Dear Mr Nikhil,

Every State has its own tenancy law. However, there are provisions in every tenancy law i.e. eviction of tenant on certain specified grounds. You may file for eviction for tenant on one or more of such grounds. Further, in the eviction suit, also claim the unpaid rent along with other costs and expenses. 

And do not worry about the witness (attesting witness). He has to speak the truth about the execution of rent deed because he has signed the document. A document can be sent by the court to forensic lab for finding out whether a particular person has signed a document. Right before his cross-examination, while he is standing in the witness box, tell him to read Section 191 & 193 of  Indian Penal Code and ask him he understands what it is and what it means. If can't  read, tell your advocate to read make him understand.  Rest your counsel will take care in cross.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh.

Disclaimer:- the opinion is only for guidance.   

Dear Mr Nikhil, 

Although it cannot be precisely estimated that how much time will it take because it depends on many many factors. However, generally eviction suits are over in 8 months to 1.5 year at the rent controller stage (or by whatever name the authority is called in a particular area).

In some States the rent control is Judicial Magistrate First Class, while in some it is Sub Divisional Magistrate etc. In some States the defendant has to take leave to defend however in some States, leave to defend is a matter of right. 

But you must keep in mind that a tenant cannot be thrown out without following proper procedure of law.  So if you don't want the tenant to continue the only way you have is to file the eviction suit. 

Regards

Shubham Bhardwaj (Advocate)