My tenant has filed a false suit in civil court when I gave him the notice to vacate my shop. He has not been paying rent since march 2014 and on repeated request to vacate my premises he always took time. In November 2014 I sent him a notice to vacate my shop but he filed a civil suit immediately after receiving the notice.
There was an agreement of lease and license for 11 months tenure and it is included that after the expiry of tenure he shall be treated as a trespasser. I obtained his signature on the agreement. He took the plea that after the expiry of agreement landlord has been receiving rent every month. So tenancy is extended by his conduct.
But I have not received any rent after march 2014. I want to take back possession of the shop. What should I do?
Section 91 Indian Evidence Act provides that when terms of the contract are reduced to form of a document then no evidence shall be given in proof of the terms of such contract. he may file false civil suit but eventually, he will be defeated. According to your contract, all the terms are included and agreed by both the parties.
There is no room for oral evidence regarding the terms of the contract. If he tries to adduce evidence that tenancy will be extended by payment of rent then it shall not be admitted by the court. According to the contract he shall be treated as a trespasser and after the expiry of 11 tenure contract became infructuous i.e. no effect.
If parties want to extend their relation as tenant and landlord then-new contract should be executed. You had to send notice immediately after completion of tenure. Because the cause of action had arisen on expiry of tenure. If you have any evidence regarding nonpayment of rent after the expiry of tenure then you have to adduce it before the court.
You should file revision application before senior division court for setting aside the suit filed under Order 4 CPC because tenant who is actually a trespasser has no right to file a civil suit.