Well i have always discouraged such kind of agreements which condone the act of extortion. This is your call. I would advise against it. An illegal agreement cannot stand in court. This is an illegal agreement.

If you still want to go ahead then make a registered agreement by paying stamp duty.

State the full facts and the issues involved. State the amount being asked and why are you paying it.

Register the agreement. You cannot compel him to honour the agreement as you again have to go to the courts to ensure compliance.

But this is what you may do.

Enter into agreement wherein he agrees to vacate premises on expiry of one month 

2) mention X amount would be paid at time he vacates premises 

3) in event he fails to pay he would pay penal rent for days he remains  in unauthorised possession 

4) agreement should be notarised 

5) get agreement drafted by local lawyer 

1. Any agreement with the tenant with regard to eviction is void on the ground of it being against public policy.

2.same as above.

3. same as above.

4. do

5. do.

Any such agreement with the tenant i not valid in law and cannot be enforced in law since it is not executed on a registered document.

1. The mutual agreement entered in an unregistered document cannot be enforced in court of law.

Therefore you cannot be able to do anything against him on the basis of the said agreement if he is not complying with the conditions of the agreement.

2. You can write whatever you want to write in the agreement but if he is refusing to vacate even after having paid him as per the agreement and also if he is violating the conditions, you cannot take any action against him except to approach court with an eviction suit and this agreement may be adduced as an evidence but you cannot enforce the conditions through court of law.

3. You have been sufficiently advised that an unregistered document cannot be enforced in law, you may have to approach court with a suit for eviction if he fails to comply with the conditions of the agreement.

In that case you will suffer a loss of money, time and energy already spent.

In my opinion, the amount of Rs.2.00 L should be given by cheque/DD but should not be given in cash.   The cheque/DD be given on receipt of vacant physical possession from the tenant.   The relevant clauses of the rent agreement be discussed and the rent agreement shall be mentioned to be treated as cancelled immediately on receipt of cheque/DD of Rs.2.00 L and receipt of vacant physical possession.

Dear Sir,

 No agreement is binding unless other party is ready to oblige. Take wise decision.

you may choose this settlement and draft this settlement with the help of an advocate, signed the same and signed by him too and both of you should be present before the Notary Public who should take the signature of both of you in his/her register but in case of back out after the execution of this settlement, this document will not help you even before the court this document will read against you and he may claim that 2 lacs from you. 

think, if you are not interested to file an eviction petition against you but he files a civil suit for a permanent injunction against you that he should not be left out from the property without due process of Law and get interim injunction against you then you have to fight the case before the court which will take more time then your case.

so It will be better to issue a legal notice and terminate his tenancy and file the eviction suit and claim your arrear of rent, mesne profit, and damages.

remain you know very well about yourself.

in my view it is a useless exercise

makes no sense

what is the guarantee he will not default on the settlement agreement as well leaving you high and dry?

better initiate eviction proceedings right away

as regards query 5 - what you are doing is not even close to perfect. It is completely inappropriate. By entering into this so called settlement agreement, you are agreeing to waive all his previous breaches, which is a foolish thing to do

Hold your construction till he vacated premises 

2) disposal of eviction suit should take around 2 years or so depending upon pendency of cases 

3) you can send eviction notice as per your draft 

Encroachment upon the property of the landlord and subletting the property are both grounds for eviction. In your case he is doing both. Moreover you need you house for construction. It may take some time. State governments have made compulsory registration of rent agreements in a prescribed format. I don't know whether it has been done in your state or not. 

It may take some time. He cannot live beyond the lease deed.

The eviction notice must state all the facts of te case, relevant rent agreement and tge applicable law. It should also state how the law is being breached by the tenant, the civil and criminal consequences of not vacating the premises.

Please engage a lawyer.

1. For more proper wordings in the legal notice for eviction, you may better take the advise of a lawyer in person and issue a strong and legally effective legal notice. 

2. The time taken for disposal of eviction suit by the court cannot be predicted for various reasons, ordinarily it may take at least two to three years.

3. You have to fight your case, he may drag on the case in the name of defence, it depends on how strongly you prosecute him in the trail proceedings. 

4. Yes, he has violated the conditions of the rental agreement because he agreed to rent the premises for his residential purpose alone and not for misusing the premises for additional incmoe through such commercial activities. 

It is an illegal act and breach of conditions.

5. You are going to construct the vacant land only and not by demolishing his portion hence he cannot object to your proposed construction, you can very well proceed. 

Sir / Ma'am , 

1. You should not enter into the mutual agreement where in he agrees to vacate the property once the said money is paid to him as such agreements are not valid in the eyes of law and you will fail to enforce it. 

2. As this is a mutual agreement and has no value in the eyes of law even though if you mention all the points it will not be considered and in  case after the transfer of money if the tenant  refuses to leave the house , then you will have to file an eviction petition in the court and this agreement will only act as an evidence in that suit . 

I will suggest you to write a legal notice terminating the tenancy and then  file an eviction petition to claim your balance rent and other damages 

Thank you

Its ok but many other averments will be needed in your eviction notice. For better chances try to get it drafted from a good lawyer.