he permanent injunction granted in 2017 only restricts you from throwing the tenant out forcibly; it does not grant them a license to live there indefinitely without paying rent. 

2) , you must send a  legal notice giving the tenant 15 days  to vacate, ideally expiring at the end of the tenancy month.also claim  arrears of rent. 

3) if tenant fails to pay arrears within 15 days of receipt of notice file eviction suit 

4) Under the Limitation Act, you can only legally recover past arrears of rent for the last 3 years from the date you file the suit. Any rent owed before that is legally barred by time.

You can definitely ask the court to grant mesne profits from the date the notice period expired until the day the tenant actually hands over the physical possession.

The injunction likely protects him from forcible or illegal dispossession, but it doesn't grant him a lifetime right to live there for free.

You can  send a legal notice. Since the written agreement has expired and the tenancy has continued, it is considered a "Tenancy at Will" or a month-to-month lease under the Transfer of Property Act. As per Section 106 of the Transfer of Property Act, you need to provide a 15-day notice to vacate.

Since there is no active registered lease, the tenant loses the contractual right to stay. The notice effectively terminates the "landlord-tenant" relationship, turning him into an "unauthorized occupant" if he stays past the deadline.

Once the notice period expires and he hasn't moved, you can file an Eviction Suit.The 2017 permanent injunction  states that  you cannot throw him out without following the due process of law. By filing an eviction suit, you are following that "due process." The injunction does not prevent a court from ordering a legal eviction based on non-payment of rent or expiry of lease.

 Dear Client, 

You can proceed however, the 2017 permanent injunction is the key obstacle. If the injunction is still subsisting, it must be respected until vacated or set aside, otherwise the court can act for breach of injunction. A landlord can terminate the lease and sue for possession, but if a special state rent control law applies, the procedure and ground may be different and is such case, transfer of property act may not be a decisive step. Under the TPA, a lease ends by efflux off time and if the tenancy is for any purpose where there is no contrary contract, it is treated as a month to month lease. If the tenant stays on after expiry and you accept the rent, it can create holding over and renew the tenancy depending upon purpose over time. So send a termination notice. A 21 day notice for a non-agricultural, non-manufacturing tenancy, if the property is covered by the state rent act, may not be enough and need may arise to sue under the special law. If the fixed term ended years ago and no rent has been accepted, you may argue the lease has already determined by expiry and that the occupant is unauthorised. On arrears, the rent are normally limited to 3 years from when each instalment became due. So you can claim only live rent arrears, not the full 10 years unless there are acknowledgments or other facts that extend limitation. You can also claim mesne profits or damages for use and occupation after the tenancy ends. So issue a proper notice, make sure not to accept any post expiry rent and if the tenant still refuses, file the possession suit with the profits. 

I hope this helps. In case of any further queries, please do reach out to us. 

Thank You.

Yes you can file an eviction suit against him after sending notice for termination of tenancy. You can also seek arrears of rent from him in the eviction proceedings till he doesn’t vacate the possession