Unpaid rent (10+ yrs.), tenant missing, How to get possession?
-My shop was built in June 1989. I let out the same in December 1989 with rent agreement which clearly mentions that Act no.13, 1972 does not apply.
-The tenant had not paid the rent since 01-01-2005 and the shop is closed since then.
-He was living in a rented accommodation in our town as mentioned in the agreement. I inquired about his whereabouts at the location mentioned in the agreement, but I found that he have left the town. His location is now unknown to me as well as the nearby residents & shop owners of that locality. This means he left the town without handing over the shop.
-I have discussed the same with a practicing lawyer. He said that you have to issue a claim notice to tenant & if he does not receive the notice then we can't claim your property in the court.
-Now as the whereabouts of the tenant is unknown to me as well as the nearby residents & shop owners, How can I claim my property back? What sections & rulings would be applicable?
-Also, if this tenant's location continues to remain unknown, then will my property remain in his possession, given that the shop remains closed since January 2005 & without rent payment?