Dear Sir/Madam,
My father made a 20 Rupees stamp paper with all the terms and conditions mentioned, which is duely signed by the tenant accepting for the conditions. This agreement gets revised every year with increased percentage for the rental amount (shop) and will be duely signed by the tenant. This tenant was paying the rent from last 10 years by fulfilling the agreement (revised every 11 months) terms and conditions. From the last 1 year he is not paying the errears ( increased percentage in rent) and paying only the actual rent (old rent). And from last 2 months the tenant is not even paying the rent. Hence, my father sent a notice asking the tenant to pay the complete errears and also the revised rent as per the agreement. And requested to vacate the shop if unable to pay the rent and errears. In reply to the notice the tenant states that I have never agreed for the terms and conditions and he is denying the 20 Rupees stamp agreement paper (which he duely signed by tenant). And he also threatens that, I will never ever vacate the shop (commercial shop) even if you approach the court.
Note that, Tenant is Scheduled Caste (SC) highly qualified (Ayurvedic Doctor) and running physiotherapy from last so many years in the present commercial shop. Having own house and 2 cars for personal use.
We have tried the mediation with the tenant through respectful persons also, but still his attitude or behavior is not changed.
Questions:
1. Will the 20 Rupees stamp paper stands legally correct to make prayer in the court from the Owners point? Or the stamp paper should be of higher denominations? If only higher denominations is accepted by the court then how should I go further? as I am completely dependent on this 20 Rupees stamp paper only.
2. How should my father proceed here after legally to get the rent and errears back? Also, how can we plea in the court to make the tenant vacate the shop?
3. How much time it consumes in court proceedings to make the tenant vacate the shop?
Request for your answers. Thanks in advance.
Asked 9 years ago in Civil Law