Legal queries for eviction case in Civil court
I gave a shop for rent in lucknow in 2004 which was allotted to my mother. The tenant is owner of adjacent shop and merged both the shops by doing material alterations after he occupied the premise. A notarized agreement was made as the builder could not initiate registry process due to hassles between local authority.after 5 years in 2009 when asked for vacating the premise he refused and hardly increased any rent . we kept quite as we were still not the legal owners and agreed to let out for another 5 years. meanwhile the hassles with the local authority was sorted out in 2012 , we completed the formalities and the shop was initially registered in my mothers name , as she is not keeping well due to old age and staying with me in Mumbai it later was registered to my wife. Now as the agreement was about to lapse in february 2015 we intimated the tenant to vacate the premise , it was obvious that he will not vacate and he did so. My wife served a legal notice to vacate in reply they said I have already made an agreement with them and sold it to them for 8 lacks , They also replied that because i had bad intentions i agreed to sell it to them but transferred it to my wife. they made a forged document copied my signature over it. my lawyer has assured that he shall win the case in 2 years . The tenant has applied for stay in court and offering 10 lacks for shop value around 1 crore .
1) Is it true that the forged agreement has to be registered . The forged agreement is on 100 Rs stamp paper and not registered.I would like to know if the tenant has produced the forged document in the court and how can we prove that it is a forged document.
2) I am worried because I am told that even though I have all the legal documents with me pertaining to the shop , i may still loose the shop if my lawyer is lured and change side. How could i monitor my lawyer and ensure he is faithful to me.
3) Do you think it is necessary to register a FIR , stating i don't trust my tenant and i have a doubt on him indulging in anti national activities in my premise. Its same as a person is driving somebody elses vehicle and commit accident , here the owner of the vehicle will be questioned. My lawyer said if i go for an FIR tenants will execute counter FIR and it would be pain for me travelling between lucknow to mumbai.
4) I have asked my lawyer to provide the case number and suit he filed for eviction .I heard With the case number I could see what are documents produced in the court and progress. Is it true.
5) How important it is for me to attend the hearing process.
6) My lawyer has informed me that he has filed a suit in a competent and higher court where even if the tenant gets a stay it will not work there. Are there different courts whithin civil courts.