Tenant (a lawyer) not vacating a property
My name is Stephen. In 2009-10, my wife & I bought a property (flat) in Vishakhpatnam, AP. We resided in Bangalore. In 2010, I moved to Australia and my sister-inlaw in Vizag rented the property to a lawyer for 1 year. We did not have a property agreement. Its been more than 6 years and he has not vacated the premises. Manytimes we spoke to him asking when he will leave but he always said that we were overseas and so asked if its ok if he continues. And we said ok. He never missed the rent. We increased the rent only once in 6 years. Last year when my mother-inlaw was not well, we asked him to vacate the house so that she can move in and can be looked after by my sister-inlaw. She currently stays in Hyderabad. He started arguing and said he doesn't care. Obviously this hurt my me and my wife. We took legal council and approached a known lawyer in Kakinada. For more than 6 month there was no progress. So we took back the complaint and on the suggestion of a known person in the bank, we stopped paying the EMI. We were under the impression that the bank would send eviction notice to the resident and then he will have to vacate. Its been 4 months and it seems the eviction notice has been sent. However there has been no action on his side. He is neither vacating the premises, nor he is contacting us. He being a lawyer might be aware of a loophole that would give him an advantage.
Honestly I think he is planning to take the house away from us. Unfortunately he is a lawyer and he will easily be able to take advantage of us. Everyone advises us against fighting him.
Surely I am not doing the right thing by not paying the EMI. But i didn't see any other way of making him vacate the house. If we don't pay the EMI and the eviction notice is sent, will he have to vacate the property. Is there any loophole that will give him the unfair advantage.