• Tenancy

I along with my brother gave our agricultural land of area 1.2490 hectare to a producer company limited (a company of my friend) for 18500/- per month to establish dairy, my farm is also having a mango orchard which was kept out of rent agreement and was managed by me and I gave this land for dairy farming and agriculture of fodder . 
1- Rent agreement is on 100 Rs. stamp paper and is only notarised not registered anywhere.
2- Lease term is Three years started on 15 October 2013 valid upto 14 october 2016. three month time was given as fit-out period rent free.
3- not received a single penny in rent total overdue 444000/- 
4- He is not vacating the land. 
              I am also a member in the same company which was formed in july 2013 with 10 other members (7 from the same family of my friend). Now for two years i am not getting any rent for the land whenever I asked about the rent I was told that i will get it when company gets in profit, or it will be added as an investment by me in company. Now major shareholder of the company wants me pledge this property ( for this he made me a director in july 2015 from where i resigned)  to take loan of 1 crore from bank, when I refused to do so, he argued and was angry. Now when I sent him notice to pay me rent or else i will take over the property he is not paying me and is delaying by citing false claims that he had paid me rent (he didn't pay me a penny). He is now not vacating my property and has filed a wrong fir in police station against me and my mother under sections 147/352/506/427, my FIR is not being filed by police as the person accused has friends in government and administration and police. what are my options?
Asked 12 months ago in Civil Law from Lucknow, Uttar Pradesh
1) issue legal notice to company terminating the lease agreement for non payment of tent 

2) file suit for eviction against the company 

3) if police is refusing to register your FIR file complaint before magistrate under section 156(3) to direct cops to investigate and submit report 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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The remedy for you is to file a lawsuit for eviction of the tenant and also to recover the unpaid rent with interest and compensation. You ought to have filed this long ago when the first default took place. Be that as it may, file the suit without delay now. In so far as FIR is concerned you should move the High Court to quash the FIR. No FIR is made out against the defaulter as your remedy is only before the civil court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Firstly the lease agreement is not registered hence it may be treated as rental agreement month to month basis, thereby  you can give an eviction notice giving 15 days time for not paying the rent.  Since you have already issue notice and there in nor response, you may have to file an eviction suit on the same grounds. 
You can file an injunction application also simultaneously seeking to restrain the defendants from interfering into your peaceful possession and enjoyment of the property. 
If they try to break open the lock you may lodge a criminal trespass case against them.  If the local police is not taking your complaint you may approach either the higher police officer or approach a judicial magistrate court with a petition under section 156(3) of cr.p.c. narrating the events and seek to direct the police to investigate and register FIR against the culprits who vandalised your property.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1) you can obtain an injunction restraining them from breaking locks of other gates . 

2) agreement entered into by you with the company must have contained a clause  regarding access to property through only one of the gates . 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
The authorities cannot act except if there is a court order directing them to act. Rush to a lawyer to file a suit for eviction before an adverse order is passed against you.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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