Look bro this is a matter of 30k n 40 k..... i mean its a matter of just 10 or 15k..... so let it go... because if you want to initiate any kind of legal remedy than that will cost you more than this amount 

1  if he agrees to quit the premises on taking 40k then don't think much and get  back your property peacefully. 

2. Though you have option of filing a suit for eviction and claim arrears, considering the time and costs involved its better to listen to his terms. 

You can inform the local police though its not their job. Make the deal simultaneously with delivery of flat. 

You can file a police complaint, than police will call both the parties in police station and will try to get a compromise done.

In your case police might try compromise at ypur home as your mom is an elderly woman. 

Police will than ask him to evacuate. 

If still you both parties didn't reach any result tha  police may register a FIR against him on your complaint and case goes to court.

You have two options before you.

First one is to honor the commitment made by your mother to return Rs. 40,000/- which may be the best option before you because you have also agreed for Rs. 30,000/-. Now art this juncture if you still fight against this, then it may take a long time to settle this dispute, and he may not pay any rental amount till then, besides you will be incurring heavy expenses towards litigation and lawyer fee, which will more than 10 times than that of the amount you may intend to save now.

The second option is to send him a legal notice for default in rental payment and file an eviction suit before the concerned rent controller court .

The consequences of this second option have been explained above.

Now the choice is yours.

Police will not interfere in the civil dispute.

If you try legal options, then who will take care of the legal case ?

Your mother being 74 years old, will she be able to handle the legal case or dispute by frequenting to the court, lawyer's office ?

The litigation pressure may harm your mother's health also, hence take a wise decision at right time.

You can send him eviction notice and then file eviction suit against him 

Amicable settlement is best option 

2) you should return his deposit provided he vacates the shop simultaneously 

3) if no settlement is possible file suit for eviction 

Police would not intervene as it is civil dispute 

1. The remedy in your hands is to file a petition for his eviction before the jurisdictional rent controller.

2. In your petition you can also seek recovery of arrears of rent.

3. If you want to avoid going to court then you may refund him the security deposit.

4. Police has no role to play in this. Your remedy is only before the rent controller.

1. IF Tenant is willing to Evict himself without any legal trouble, THEN you are advised to pay and get rid of him, instead of falling into legal court cases, which will takes many years to solve and you will simply lose rent from another new tenant.

2. Forget your anger for the sake of betterment of your mother and carry on with life. Everybody is frustrated and tenses nowadays.

- As per law, A tenant cannot claim for force majeure , if the said agreement not having a clause for the same or even the same is mentioned in the agreement as well. 

- As per the order of the Home Ministry which issued under the Disaster Management Act, A landlord should stop from demanding rent from poor workers and migrant labourers for one month. and further strict action against the landlords who force evict their tenants, wherever the workers, including the migrants, are living in rented accommodation. 

- Hence, it is clear that, this direction/order would be applied with the poor workers, and migrant labours , and not for all , and a business man cannot claim for the same on the ground of force mejeure. 

- Further when a lease is executed, there is a transfer of property. Hence, the lease is governed under the Transfer of Property Act, 1881.

- Further, under Section 108(c)of the Transfer of Property Act. the lessee is put in possession , and it is the duty of the landlord to allow the tenant to continue in possession without interruption, and further the lessee is bound  to pay the rent to the lessor at the proper time and place 

- Further, Section 108 (e) of the Transfer of Property Act- "If by fire, tempest, or flood or violence of any army or of a mob or other irresistible force any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, the lease shall, at the option of the lessee, be void, etc.

- Since, the present crisis i.e covid-19  has neither destroyed the tenanted premises , and nor the house became permanently unfit for the purposes of occupation., hence even the provisions of Section 108 (e) of the Transfer of Property Act are also inapplicable here. 

- Hence , a tenant cannot  deny to pay rent due to lockdown , if the tenant is doing so , then the your mother can file a case for eviction and recovery of rent . 

- Since, she is an old lady , then she can lodge her complaint against the said tenant under the provision of senior citizen act as well , and take help from there. 

- However, as your mother is an old lady , then try to settle the matter amicably , otherwise you can take legal action as i mentioned above. 

Dear Sir, 

In the present case, the police case will of no much help and you will have to go for the legal notice and then evictions case. 

Give him the 40k and take back your shop

That's much better 

You can also issue him a legal notice and if he does not comply then you can file an eviction suit for recovery of arrears of rent with damages and also claim cost of litigation 

But the legal expenses will far outweigh than what you can earn through rent if you get back your shop and rent it to some other person 

It's about being pragmatic and practical

I understand the stand of the tenant is legally wrong but sometimes it's better to give in rather than protest. Protesting will only lead to more legal expenses. And this would not be practical considering that you are not in India and your mother is old and feebile

So my suggestion would be take possession of your shop by refunding 40k deposit to tenant and therefore buy peace rather than litigating

Send legal notice for demand of due rent and eviction.

Police has no role except if he mistreated you.

Have to file eviction suit.

Better get it settled amicably, litigation is long drawn proposition and considering your mother's age and other factors it is better settle amicably.

If it goes into litigation mode, it may take substantial time, money, energy apart from tensions.

Get it settled outside 

Reply to your second post:

Whatever payment you make, you do it through Bank only.

Further, ask him to vacate and handover the premises on refund of the money without any further extension.

If he backs out, you have to lodge complaint trough your mother with local police for harassment.

Certainly there is a procedure to evict a person who is on lease on daily basis. First of all you demand the tenant through notice to vacate the premises by terminating the lease by cautioning him/them in default you are going to file a case for eviction and by demanding additional amount as a compensation for the period lives by other till his vacation

1. You should refund the deposit amount as demanded by tenant but only after serving him a notice for clearing the rent of last three months.

2. The notice should be served through registered post to keep record of pending rent which will allow your mother to file recovery suit even if he vacate the premises.

3. I would suggest you to refund 40 K as demanded by your tenant because eviction suit can take years to dispose off. 

He will not vacate the shop. Tell him to pay all the dues and if he doesn't the electricity department will cut his connection. Also tell him that you will pay half the amount if he pays the dues and vacates immediately.

Engage a lawyer who will draft an agreement in which he should state that he will immediately vacate the shop.