As you have already filed an eviction suit, it is better to file an interim application for an order restraining the tenant from subletting your property. It is NOT advisable to forcibly evict the tenant, as your action may lead to the tenant initiating criminal proceedings against you. Trust the legal system. Don't take the law in your own hands!

Your age is immaterial when it comes to any criminal action against you if initiated by your tenant. God forbid. Defaulting in rent and refusing to vacate a rented property call for only a civil action and are not criminal in nature. You have no grounds legally to proceed against your tenant criminally by lodging a police complaint. Considering your age, you would only waste your time, efforts and money by lodging any police complaint. Again, as a person in your age group I would strongly advise you not to resort to any unlawful action in evicting your tenant. It's entirely up to you either go by my sincere advice or take the law in your own hands. Good luck.

dont take law into your hands 

you have filed eviction suit and claimed arrears of rent . 

dont take forcible possession 

you cna seell the property on as os where is basis . disclose that tenant is in possession and he is not vacating premises and suit is pending 

Using force to recover possession of your commercial shop will significantly harm your case. Under Indian law, even if a tenant has stopped paying rent or breached the lease agreement, self-help measures like forcible entry, changing locks, or involving outside groups (like a mahila mandal or local toughs) are illegal.

Since you have already filed a suit for rent recovery and eviction move an application for temporary injunction and seek an order restraining the primary tenant from sub-letting, assigning, or creating third-party rights/possession in the shop premises to any other person.

If a new third party has already physically taken over the premises, instruct your lawyer to file an application under Order 1 Rule 10 CPC to implead (add) the illegal occupant/sub-tenant as a defendant in your pending eviction suit. This prevents them from claiming they were unaware of the suit when an eviction decree is passed.

Conduct a legal inspection or request the court to appoint a Local Commissioner (under Order 26 Rule 9 CPC) to visit the shop, verify who is currently running the premises, and submit an official report on court record.

Using force will not accelerate your resolution; it will convert a simple recovery of rent into a severe criminal and civil fight where you risk losing the legal standing you currently hold.

Under Section 6 of the Specific Relief Act, 1963, any person who is forcibly dispossessed without due legal process can file a summary suit. The court will only ask two questions: Was he in possession? and Was he removed by force? The court will order you to hand the keys back to him immediately, irrespective of his non-payment of rent.

The police do not have the legal power to evict a tenant or recover rent on your behalf.

While the court will be sympathetic to your age during trial, Section 6 of the Specific Relief Act specifically prevents owners from taking the law into their own hands.

If you want speed and recovery without criminal exposure move an urgent application directing the tenant to deposit all unpaid arrears (3–4 months) and continue paying monthly rent into the court's account during the trial.

If he fails to pay, the court can strike off his defense, allowing you to get a fast-track summary decree for eviction without a long trial.

You have the legal right to sell your property even if a court suit is pending. However, the buyer's rights will be strictly subject to the final outcome of the court case.

You must explicitly state in the sale deed that an eviction suit is pending. Hiding this from a buyer can lead to fraud charges against you.

Finding a buyer who will pay full market value for a commercial shop with a rogue, non-paying tenant inside is difficult. Buyers will demand a massive discount (often 30%–50%) to take on the burden of the ongoing litigation.

Yes you can sell the same and the buyer will litigate the said matter in future. Only if there is a injunction order not to sell or create third party rights you can’t sell it

- Since, you have already filed the suit for eviction and claiming arrears of rent , then you should wait for its outcome and not do any thing against the law , like forcibly taking possession 

- Since, you are a senior citizen then you can mention before the said court for speedy trial due to your age 

- Further , you can also file a complaint before the SDM/DM against the said tenant under the Senior Citizens Act. 

Since you have already instituted proceedings for recovery of arrears of rent and eviction, you should not use force, muscle power, local influence, or attempt to forcibly enter or dispossess the tenant/sub-tenant. Your age of 65 years, the fact that rent is outstanding, or the tenant’s alleged default does not give you a legal right to take possession by force. On the contrary, such an action could seriously prejudice the case already filed by you.

If you or persons acting on your behalf forcibly enter the shop, change the locks, remove the tenant’s goods, threaten the occupants or use local persons/police influence to obtain possession, the tenant may initiate criminal proceedings and may also seek an injunction/restoration of possession against you. The fact that you are the owner or landlord would not by itself provide a defence to forcible dispossession. The tenant can also use such conduct before the civil court to portray you as having acted unlawfully during the pendency of litigation.

You should therefore proceed through the court. Since there is an allegation that the tenant has stopped paying rent and is now sub-letting the premises, these facts should be specifically brought on record in the pending proceedings. If the alleged subletting was not included in the original pleadings, you should consider seeking an amendment or taking appropriate steps to place the subsequent development before the court. Evidence such as photographs, videos, statements of neighbouring shopkeepers, advertisements, GST/shop-registration information, bills, online listings, or any document showing that a third person is actually conducting the business from the premises can become relevant, depending upon the applicable tenancy law and the terms of your lease.

You should also immediately examine whether your tenancy falls under the Maharashtra Rent Control Act, 1999, or whether the contractual terms and general law govern the relationship. This is important because the grounds and procedure for eviction, particularly on the basis of arrears and unlawful subletting, depend upon the applicable statutory regime. The exact wording of your lease agreement is therefore very important.

As regards the arrears, you should maintain a precise statement showing the rent payable every month, the payments received, the dates and amounts of part-payments, and the balance outstanding. Any further rent received should be properly acknowledged and adjusted against the outstanding liability. Your existing suit should also be examined to ensure that the claim for future rent/occupation charges and appropriate interest is properly framed.

If there is a genuine apprehension that the tenant or alleged sub-tenant may further alter the premises, create third-party rights, transfer possession, remove fixtures, damage the property or otherwise prejudice your rights during the litigation, you can seek interim relief from the civil court. Depending upon the facts, an application for temporary injunction can be considered restraining the tenant from creating third-party rights, further subletting, materially altering the premises or interfering with your contractual/property rights. This is the legally appropriate alternative to taking matters into your own hands.

You should also consider whether an application for expedited hearing can be made in the pending proceedings, particularly considering your age, continuing financial loss and the accumulating arrears. The court will decide whether expedition is justified on the facts and the procedural stage of the case. If the tenant is deliberately delaying the matter, that conduct should be documented and brought to the court’s notice.

Regarding your question whether you can make a police complaint before using force so that subsequent forcible action is protected: No. A prior police complaint will not give you a licence to forcibly dispossess the occupant. You may certainly approach the police if there are genuine threats, trespass, violence, criminal intimidation, damage to property or other cognizable offences, but the police should not be used as a substitute for the civil eviction process.

Similarly, involving a local organisation or persons to pressure the tenant to vacate would be highly inadvisable. If the tenant complains that he was threatened or forcibly dispossessed, the fact that you had previously initiated an eviction case may actually make the allegations more consequential because the conduct can be presented as an attempt to circumvent the judicial process.

Your age can certainly be brought to the court’s attention when seeking appropriate procedural relief, but it does not immunise you from criminal or civil consequences if you personally participate in unlawful dispossession.

As for selling the property, ownership of the property can generally be transferred even while litigation concerning the tenancy is pending, but the transaction has to be structured carefully. The purchaser would need to be informed of the pending litigation and the existing tenancy. The principle of lis pendens under Section 52 of the Transfer of Property Act may become relevant where the litigation directly concerns rights in the property. A sale during litigation does not automatically extinguish the tenant’s rights or terminate the proceedings. Therefore, you should not represent the property as vacant or free from litigation when it is not.

Practically, I would recommend the following course: do not forcibly enter or dispossess the occupant; immediately obtain and preserve evidence of the alleged subletting; review the plaint and lease agreement to determine whether arrears, eviction and subletting are properly pleaded; file an appropriate interim injunction application if necessary; seek expeditious disposal on account of your age and continuing financial loss; and continue pursuing the arrears along with the possession claim. If the tenant is willing to settle, a written surrender/settlement followed by actual delivery of vacant possession and appropriate court-recording of the settlement would obviously be the fastest and safest outcome.

Before taking any further step, I would specifically review your lease agreement, the plaint already filed, the exact reliefs claimed, the amount and period of rent outstanding, and the evidence regarding subletting. Those documents will determine whether the fastest remedy is an amendment/application in the existing suit, an interim injunction, a separate proceeding, or a negotiated surrender.

Disclaimer: This response is for general informational purposes based on the facts stated by you and should not be construed as a formal legal opinion or legal advice. The precise remedy depends upon the lease, pleadings, applicable Maharashtra tenancy law and the procedural stage of the pending litigation.

Do not use force. Under Indian law, forcible entry into a property in lawful possession of a tenant amounts to criminal trespass and house-trespass—regardless of your age or unpaid rent. Your 65 years and rental arrears do not immunise you from criminal liability; they are irrelevant to the offence.

Legally, you have better options:

1. Accelerate the eviction suit – Ask your lawyer to move the court to treat your case as a “commercial dispute” (if the lease qualifies). Commercial courts often decide eviction/rent matters within 1.5–2 years, much faster than ordinary civil suits.

2. Seek interim rent – During the suit, apply for an order directing the tenant to pay pending rent (for the period of litigation). This ensures some income while the case runs.

3. Use sub‑letting as a strong ground – Since the tenant has sub‑let without your written consent, this is a valid ground for eviction. Add this evidence to your existing suit.

About selling the property: Yes, you can sell, but it will be subject to the pending litigation (doctrine of lis pendens). The buyer steps into your shoes as landlord and must continue the suit. You must fully disclose the litigation and occupation—otherwise, the buyer can sue you for fraud. Most buyers will insist on vacant possession, so selling now is difficult and will significantly reduce the price.

Best course: Withdraw any thought of force. File an application for interim rent and push for commercial court treatment. Pursue the suit diligently—this is the only lawful way to get both possession and arrears.

Dear Client,

You may not use force or muscle power to remove the tenant. Even though you are 65 and have not received rent, forcibly entering the shop may lead to criminal and civil action against you. You may follow the following pointers:

• Continue the eviction and rent-recovery case.
• Immediately inform the court about the alleged sub-letting and seek an interim injunction preventing further sub-letting or creation of third-party rights.
• Keep evidence of unpaid rent, communications and sub-letting.
• You can approach the police if there are threats, trespass or other criminal acts, but they generally cannot evict the tenant for you.
• You can claim the arrears of rent as permitted by your agreement and applicable law.
• Your age may support a request for early, expedited hearing, but it does not permit forcible eviction.
• You can generally sell the property during the case, but the buyer will take it subject to the existing tenancy/litigation.

You are advised to consult a lawyer with all relevant details.

Thank you for contacting us, if you have any further queries kindly do not hesitate to contact again. Thank you.

Sir/Madam, 

It is suggested that you don't get panic and wait for the court-decision in your favour which is surely likely to come. He is bound to pay the rent and also to vacate the property under the compulsion of court order. One thing you must to is tell your advocate for taking short dates of hearingin the court citing your age and getting the case categorised in senior citizen category. By doing this, you will be not delayed much for court decision. Once there is pending litigation, he can't sub-let the property to someone else and if he is doing, then the same again goes in your favour and against him. This will also give a fresh cause of action in your favour. Using mussle power is not suggested. it is suggested that you file a police complaint against him for doing any illegal activity such as threatening, threat of sub-letting etc.