Legal Question in Civil Rights Law in India

I would like to seek advice from experts on the dispute with my tenant.
I had recently bought a land which I had given on lease for 3 year to a business man (Motorcycle showroom) to use the property as godown to keep motorcycles. The land has 3 division (2 division is owned by me and 3rd division by someone else)with a common gate . The gate basically encroached the government land (road side)which the other owner (who owned the 3rd division)claims to be in his boundary. Before renting the land I was using this gate with mutual consent but now the other owner has restricted me and my tenant to use the gate. My tenant patch up with the adjacent land owner and stopped giving rent to me. Now I am facing problem with
1. My tenant who is using my property and not paying me the rent nor he is vacating? Is there any provision by law to cancel the lease agreement in this situation? Can I collect rent from him for using my property so far and how I can made him vacate my property?
2.The adjacent land owner who is not allowing me to draw boundary between disputed property nor he is allowing to access the gate. I can't open another gate from other side also because of encroachment by group of people who are not ready to vacate.
Kindly suggest me how I should tackle this problem?
Thanks in advance.

Asked on 3/16/12, 12:59 pm

Stalin Selvamani S & P Law Associates

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0 attorneys agreed

You can file a eviction suit against him for default of rent which is a good case for you to evict the tenant.

Answered on 7/17/12, 4:05 am

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