Licensee Not vacating shop
Dear Lawyer's Team,
The shop is occupied by licence is located in Mumbai Maharashtra.
Facts of the case:
1. Registered leave and license agreement done with Tenant.
2. Lock in period is Not over.
3. Written notice given to tenant to vacate the premises. and He has not paid rent as well.
4. The registered agreement clearly states "In the event of the Licensee failing and / or neglecting to remove himself / herself / themselves and / or his/her/their articles from the said premises on expiry or sooner determination of this Agreement ,the Licensor shall be entitled to recover damages at the rate of double the daily amount of compensation per day and or alternatively the Licensor shall be entitled to remove the Licensee and his/her/their belongings from the Licensed premises, without recourse to the Court of Law."
My Questions:
1. How can i evict the tenant? court route can take months and tenant will enjoy rent-free time until then. The security deposit is not enough to cover 90+ days of rent-free stay by tenant or until eviction notice is served.
2. Based on my point # 4 above, how do i evict him out without approaching court?
3. Can I lock the shop ?
4. What would be course of action, describe under the law when I will take forcefully restore the possession of the said shop.
Thank you