I am having a serious problem with my tenant and I would be very grateful for any legal person who can give me some advice.

My father Shri Abhijeet Mukherjee has rented our house which is in Bhagya Vihar, Post Office Rani Khera, New Delhi 110081 on June 2011 to Mr. Rajesh. We have not made any agreement with the tenant due to the reason that our dealer Mr.Ashish Barua, who is very well known to us had asked us to give our home on rent to Mr. Rajesh just for three months only and also due to the reason that this tenant required it very urgently and will vacate the house in three months as the tenant’s wife was nine month pregnant at that time. On humanitarian grounds, we gave the keys to Mr. Rajesh without making any agreement.

After two three days, I asked him to give his documents and ID Proof for making agreement. But he informed us that he had lost his purse and ID card was in that purse and he said he would give the documents in a weeks time, but when we asked him about the documents after few days, he refused to sign any agreement and said there was no need to make any agreement as they would leave the house within a month time. After a month, when we again asked him when he would leave our home, he said he will not vacate our home. When we asked do you want anything from us, he said we don’t want anything from you but whatever he wants, he wants that from dealer Mr.Barua. When we asked the same from the dealer Mr. Barau, he asked us to lodge police complaint.

We called police and they took me and Mr.Rajesh to the police station and locked both of us in the Police Station as we did not have any agreement.

The police head constable had asked me to give Rs. 4000 as a penalty and then only he would release me. We gave the same amount to him and then he released me but he did not give us any receipt for the same. Then the police constable asked me to write a compliant against the tenant. The tenant agreed to vacate our house by 24th June 2011 as he required some more time and this was written down on paper and signed by the tenant and constable and police station’s stamp was affixed on this paper.

On 23rd June 2011, Mr.Rajesh called me in the afternoon and said “I will not vacate your house, u may do whatever u like”. Then on 24th June 2011, I and my father went at our house the house was found to be locked from inside and his wife was standing at the terrace and from there she said that her husband was not at home and she is not able to vacate the house. When I asked about her husband as to when he will come, she said she does not know.

Then the women of our colony came and warned her to call her husband or vacate the house as according to our colony women, the tenant is running some illegal operation from the house but the lady started throwing bricks on the women from terrace and then all the women broke the gate and went inside and made the lady to vacate the house. The lady said she is going to arrange some transport and then she will take back her households. But the lady did not come back and in the mean time the dealer got two three threatening call from some unknown number on his mobile whose name was said as Narender Jauti .

Then Mr.Barua filed a complain against these threatening calls and a head constable by the name Mr. Pramod came in the evening and asked us to keep back all the households in our house as we have no right to take this kind of action against the tenant. We conveyed the whole episode to the constable and showed him the written agreement between both of us which had a police station’s stamp affixed and explained that he had promised to vacate our house on 24th of June. But according to the constable, the letter was not valid. But it is quite surprising that how a small agreement with police station’s stamp was not valid.

When we came back at our residence where we are staying, we got a call from one of our neighbors that the police have broken our lock and kept the households back into our house. We were there till 9 pm but till then they had not broken open the house and relocated the households into the house. This action by the constable was taken only after we had left at 9 P.M. On the next day when we asked the keys from the Sub inspector, he said that bring the orders from the Supreme Court and then only I shall return back the keys. When we asked the Sub Inspector to bring the lady in front of us, he said he did not know where the lady was. If the Sub Inspector did not know where the lady was, how could he have given the keys to the lady.

From the colony person we came to know that this lady is not his wife and that person has own family somewhere else in Delhi

I am sure there is something wrong going on and head constable is also hand in glove with the tenant.

Please suggest me what should we do now and where we should go.