Tenant has not paid rent for 11 months to retired senior citizen and not vacating
We are from a city called Sirohi from Rajasthan state. My Father (72 Years) rented out our whole premises on rent in year 2007 which contain Shop at ground floor and House on top floor. The ownership of the shop is in name of my mother (71 Years). The tenant is running a private computer training institute in this premises and paying Rent via Bank account as mentioned in the Rental agreement. Last 4 years we are asking him to vacate the shop but he is not vacating the shop with a excuse of not finding another shop. My Parent has no other source of income except this as my father has retired from a business 4 years back and they are staying with us (with Son's family) in Bangalore where there is some medical treatment is undergoing for them.
During the Corona situation in Mar’20, the tenant stopped paying rent to my parents from Apr’20 onwards. My parents called him for post lockdown for recovery of due rent and he told that due to government restriction of not allowing to open educational institutions and threatened that asking rent to coaching institutions is illegal which result in 1-year jail. We have sent a Legal notice via a lawyer in Dec’20 for vacating the premises on the ground of non-payment of rent of 9 months. He sent a very weird reply via a lawyer that we are increasing rent abnormally (even we increased only 5% every year ) and due to govt restrictions of not allowing him to open the Institute, he will need a full waiver of the due rent. He didn’t vacate the shop post expiry of the Rent agreement in June’20. We have all calls recorded which been made to the tenant for rent recovery.
As my parents are senior citizens and not healthy enough to commute to Rajasthan and we want to avoid court case. So we decided to go to the Local police station and filed a NCR for harassing senior citizens and not paying rent dues of 11months. With intervention of local police, the tenant made a KabulNama (Agreement) with our consensus that we will give him 3months rent waiver and he will pay the rest of the amount in two instalments and along with that, he will vacate our shop in the Next 1 year (by 12th Feb’21) . We have registered (Notarized) this Kabul Nama with Rs.500 stamp value and submitted a copy of that Kabul Nama in the Police station. Along with that we also made a Rental agreement of 1 year(From Mar’21 to Feb ’22) mentioning the Kabulnama reference and terms.
As per Kabulnama, he paid the first instalment and defaulted Rest of old dues and Apr-July’21 Rent. Now tenant-paid Last 2 months rent of August’21 and September’21 and said he will not pay old dues at any cost.
We do not want to go to court due to my parent's health grounds and it will be not easy for us to commute from Bangalore to Rajasthan every time.
(1) Can we move to our property on 12th Feb’21 with our belonging as per his Kabul Nama on date of vacating
(2) Can we put our locks in the shop.
Please help us in this regard.