Once you got a favorable order you should have proceeded on the basis of judgment.

Let the tenant go for an appeal, since your case is stronger you should not have withdrawn the case.

Now you stand lost your opportunity.

Since you have already entered into  a fresh agreement under the new provisions as advised by your advocate, you may have to wait for the expiration of the new rental agreement and see if he is not vacating then you can file a fresh suit.

1) you can terminate agreement by giving one month notice if there is no lock in period 

2) if tenant fails to vacate file eviction suit against tenant 

Dear sir/madam,

From the upper portion of the query, it is clear that there was judgment in your favour and the tenant was to vacate the premises in 02 months. Then there was not need to withdrawing your petition. After that, you were required to file the execution suit which was not done and the fresh rental agreement have suppressed that order. Now, you are suggested to proceed as per the rental agreement and see as to what is the clause of closure of rent agreement and then terminate the rent agreement accordance with that clause. Then proceed for eviction of that client as per law. 

If the tenants merely fail to pay the rent for two months, then they can be evicted, irrespective of whether such default is willful or not. Likewise, if the landlord requires the rented premises for his own purposes, the landlord was required to prove that such requirement was genuine. Under the New Tenancy Act this requirement has been completely done with. Undoubtedly, this move will reduce the costs and time of adjudication of disputes.

2)If the tenant does not vacate the premises after termination of the tenancy, the New Tenancy Act entitles the landlord to compensation of double the monthly rent. Further, if there is a delay in payment of rent by the tenant, the landlord is entitled to charge interest at the rate of 8% per annum for the arrears of rent

why didn't you opted for the separate proceedings in accordance with law as per the order of the trial court? i think you made a blunder, anyway, now contact a lawyer along with all relevant documents and act accordingly

You should have executed the decree you got from the said court through execution proceedings. Now you should proceed with execution proceedings after 31-5 

You have been fooled by your lawyer. Court order is above every notification and when court had already granted you eviction order, you have acted against your interest on wrong advise of advocate. 

And now when you have entered into new rent agreement, have to file fresh suit.

Earlier there was no surety of appeal and stay on lower court order but now another round of litigation will start and definilty will take years.  Now wait till 31th may than only can proceed with eviction by giving  15 days notice.

Once a decree or judgment was pronounced then how you can withdraw the case. So check the status that, your tenant filed appeal or not against the Judgment. The same time you made big mistake, to enforce new agreement after the judgment with the tenant.  In such a condition you should wait for the expiration of the new rental agreement.  File a cheating case against lawyer before bar counsel of Tamilnadu and go ahead with the execution petition as per Judgment.

Since you have already filed the case and have obtained a favorable order, in what way you can expect a new order, even in yor favor, going to be a better situation, he may prefer an appeal against that also, then you will in a greater trouble.

There are chances for him to get a favorable order before the appellate tribunal, what will you do then.

1. Your advocate seems misdirected himself totally on the issue.

2. There is a decree of eviction and you must implement it and to do this file a Execution Case to get back the physical possession of the tenanted premises.

3. During the Execution Proceeding if the appellate court has not stayed the decree then the executing court would grant Police help to get back the physical possession of the property.

When you had the degree in your favour by you have not exercise the power to everything you have gone for execution of the decree for the eviction of the tenant instead you made another rental agreement and now you have to follow the same procedure of eviction increases in different you don't understand why your advocate has advised in such a way and you follow the instruction without rechecking the the effectiveness of the advice you need to wait till the time this rental agreement completes and send him the notice in this regard to vacate the property after the completion of rental period.

However it is doubtful since she is your old tenant and you have got the degree against him and not exercise the degree by execution you might not vacate the property again and you have to follow the initial procedure to get your tenant vacated from the property.

if there is no lock in period you can issue a notice to vacate. 

your lawyer misconducted you. Consult and engage a another local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.

1. Yes you can use the notification because you have already executed new rental agreement with tenant so previous judgement have no value.

2. You have to proceed with new notification as advised by your advocate.

How can you withdraw a case after its final decision. 

Not possible. 

File an execution for the said order. 

CHANGE ADVOCATE 

1. I do not know what this notification is and how you can benefit from it as I do not practice in TN. Only a TN based lawyer can throw light on it.

2. However, once the eviction petition is decreed in your favour then I do not understand how a fresh eviction petition under the new notification, unless there is a specific clause in the notification which permits the filing of a fresh petition, will be maintainable.