quesTenant not vacating the property.

My father rented a shop 28 years ago. The rent agreement is not renewed since then, also my dad seems to have misplaced the agreement. The tenant stopped paying the rent after 2002 and he closed the shop in 2008, but is not ready to vacate the shop. People say even if we file a case, we will lose because we do not have rent agreement and also the tenant by crook transferred electricity to his name. Is there anything we can do? Are there any chances of us winning the case? Also, shouldn't rent agreement be renewed every year? Since the shop is close and he doesn't even pay rent, I should get the shop?

  • ansYou may file a case for recovery of possession to get the shop vacated from the tenant. No lawyer can beforehand predict the outcome of a legal proceeding, albeit you do stand a good chance.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Landlord/Tenant Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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