As you have already initiated proceedings against the tenant's son under S. 138 NI Act, bailable warrants would have been already issued, if the tenant's son had failed to appear before the court , despite of the service of summons.

If he doesnt appear on the next date of hearing, non bailable warrant would be issued against him.

You should also consider file a suit for eviction of tenant on grounds of non payment of rent.

In this way youll get both the rent as well as the tenant would be evicted.

Firslty, as per the section 106 and 107 of the transfer property act talks about the capacity of the owner to ask for the vacation of the property irrespective of the fact as whether the agreement exist or not forget about its registration.

Secondly, you need to give them a notice for eviction as per transfer of property act. Then wait for 15 days.

Thirdly, then if still doesn’t vacate then take him to the court of law for vacation.

Fourthly, if he keeps on not attending the hearing then Non Bailable warrant would be issued against him, taken to the jail.

Though, Section 14(1) (a) of the Act is a ground for eviction of a tenant for default in payment of rent, but inspite of that, protection has been given under Section 15 of the Delhi Rent Control Act to the tenant to avail of the protection given by the Legislature by depositing rent in the manner indicated in Section 15 of the Act.

But, in order to avail the benefits of Section 15 of the act, he'll have to deposit the entire rent in court itself.

Hello,

Send him a notice for eviction from the premises and as and when he does not respond file an eviction suit.

Do not worry about the 138 case, if he will not appear the the court will issue NBW against him. 138 cases are not long drawn cases and are usually decided within 6-12 months.

Regards

1.See since the 138 proceedings have already been started the court shall issue a warrant against him to appear before court if he is not appearing before court.

2. Further serve them a legal notice for eviction on non payment of rent, you can seek eviction if the agreement is not registered. if in notice period he does not vacate file an eviction suit before the court.

3. Also before the civil court pray for recovery of rent arrears at agreed rent.

What is period of rent agreement. If it is 11months you can file a suit for eviction in jurisdiction court along with recovery of rent dues from him. Alternatively since you have filed complaint under NI Act it would be sufficient only if you filed eviction suit and recovery of rent. If the rent agreement is more than 11 months and not registered court may ask you to pay stamp duty but again it varies from state to state procedure.

1. You need to first terminate his tenancy or license by issuing him a legal notice on grounds of non payment of rent and call on him to vacate the property

2. If he does not comply with your legal notice then you will have to file eviction suit

3. Eviction suit takes years to resolve and your property will be locked in dispute

4. So i suggest that you make an offer to this defaulter tenant that if he vacates your property then you will waive the outstanding rent or part of it

5. That is more better than fighting in court for years

6. Atleast your property will be freed and you can put it to some good use

1) on basis of un registered leave and licence agreement ask tenant to vacate property for non payment of rent

2) if he refuses file eviction suit against tenant and also seek arrears of rent

Hi, it is advisable to file a civil suit for eviction in court ... The court can order the tenant to evict the house and pay the due rent in court to the owner ...For further doubts you can contact me in person..Thank you

You need to give eviction notice today and also file a suit for recovery of the rent outstanding the cheque bouncing case can be taken separately and after sometime if is not appearing on the other dates you can file a mandamus writ petition in High Court in this case you may also go to the police station and complain about the tenant who is living forcefully in your house without payment of rent

File a 130 negotiate instruments case for the bounced cheques.

Send a legal notice to the erring tenants and seek their eviction.

File a rent control petition if the legal notice fails to help

1) You can file case against him on ground that your family wants to live in the rented flat, so kindly vacate the flat which is rented to you means tenant.

You can also file eviction suit and take exparte decree if he doesn't come to Court. Next time don't give on rent without registration.

You issue a legal notice instructing him to vacate the rented premises for not paying the rent.

Then you can file an eviction suit agaisnt him and in that itself you can file recovery of arrears of rent.

The cheque bounce case may not be maintainable because this may not be considered as legally liable debt, however you may pursue it properly.