Dear Sir, A tenant has been staying in a small shed (20 sq. yards) for rent in a piece of land (400 sq. yards) for 10 years. We own the land have all the documents for it. We have asked him to vacate recently. He is not vacating now and demanding money for vacating the shed. When we refused to give him the money, he has filed a false complaint against me in the local police station and it has been registered. He belongs to a forward caste. I have attached the complaint. DSP has said that the complaint is a false one and he has assured us he will remove it, but has not removed it yet. Please find the full text of the complaint. "Cr. No ..... U/s 448, 506, 509 IPC r/w 34 IPC of .... PS" Occured of 13/06/2017 at 7:30 PM at ...., ...., Nellore and reported in the PS on 17/06/2017 at 10:15 AM where the complainant Mr. XYZ came to the PS and presented a report stating that he is working as a cooli and doing watchman duty to site of one Mr. Ramesh. without any salary. Ramesh promised the complainant that he will give 200 yards of site to him when he vacated the place. Recently the said site was given to lease to a hospital. From that on wards the accused Ramesh warned the complainant to vacate the said site. On 13/06/2017 the accused Ramesh and 4 others trespassed into the house of the complainant and abused him in filthy language and warned him with dire consequences if he did not vacate the site he will see the end of his family. Later the complainant came to the PS and presented a report. In this case, some more eye witnesses are yet to be examined. Case is UI." While trying to negotiate with them they are openly saying that they will put more false cases on us till we give money for them to vacate. The police are not helping us, they are saying it is a civil matter so we have to settle it ourselves. We are actually worried about the land now, as he may do some encroachment in the premises. The land is well protected and has a gate. If we want to go inside the land to check the status, we are afraid that he may put more false cases. I am a teacher in a local government school and I am nearing retirement. 1. Can you please let me know how to get this false case removed? Can we do something to expedite this removal? Since this is a false case, will the complainant not face any charges for filing a false one? 2. How to get him vacated from the shed? If we approach the court for eviction, how much money will it cost? What is the exact procedure? When police have asked him to vacate and told what he is doing is wrong, he is threatening the police that he will commit suicide if he does not get any money. 3. Will it be a good idea to construct a wall around his small shed of area 20sq. yards so that we isolate the rest of the land from this shed and fight him for eviction in the court? Please share your valuable inputs regarding this. Thanks, Ramesh.
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1. The case once started can not ned unless it is compounded or end in your acquittal.So expedite the trial and come out of acquitted.
2. To get vacant possession of the shop you will have to file a suit for eviction of the tenant and send an eviction notice prior to that.
3. Yes, if you are owner of land then you can very well make a wall out of it so he may not encroach further area.
1) issue legal notice to tenant to vacate your premises
2) if he refuses file eviction suit
3)suit would take 5 years to be disposed of
4) as far as false case is concerned wait for filing of charge sheet
5) then based on legal advice file for quashing in HC
Sir , you can file a eviction petition in court .. The expenses depends as every lawyer charges differently ... Yes , you can construct the wall , and isolate his shed ..
You can send him a notice for eviction and then can file a civil suit for removal of the tenant from the premises, you can build a land there is no legal infirmity in the same.
You can also file a petition for quashing the FIR if the case is a false case.
Whether false or true cae, yo may have to challenge the same in the trial proceedings or can even file a petition before high court under section 4982 cr.p.c. for quashing the same.
At the same time you file an eviction suit against him seeking direction to evict him since he is an unauthorised settler/occupier of the house property.
Dont be scared about his suicidal dramas.
You can file an eviction suit to evict him from the property.
You can very well construct the proposed wall to avoid misuse of law.
Dear Sir, 1. We have come to know from the police that the harassing tenant is collecting the documents with my signatures. He may be forging the documents. Can we do something as a preventive action for this? 2. Is it compulsory to give 1 month legal notice while filing for eviction? Can we file for eviction immediately? Will the eviction suit come under Rent Control Act? Will the court ask him to pay the rent as long as the case is in court? 3. Can we file money extortion, blackmail and defamation cases against that person? Please advise what would be the right way to proceed in this situation. Thanks, Ramesh
Only if your signatures are forged can you file police complaint of forgery against tenant
2) issue legal notice and if tenant fails to vacate file eviction suit
3) rent control act would not be applicable
4) if he has maligned your reputation then defamation case would be maintainable
Nothing can be done as a preventive measure, but if you have some prove that he is forging the documents then you can file an FIR.
Yes the court will ask him to pay rent as long as the case is going on and will also ask him to deposit the previous rent otherwise his right to defense will be stuck off.
Right way is to file a FIR in the police station for these cases.
Regards
Dear Sir, Thank you for your inputs. I have few more questions. 1. We would like to construct a wall in the land. We are sure he will create a ruckus if we go there to construct the wall and there is every chance to file one more false case against us. Is there a legal provision where we can take help from court to construct the wall like taking some advocate to the site and finish the construction in his presence. 2. He will definitely do some drama to obstruct the construction. Can we take advantage of this to prove that he is offensive and turn the situation in our favour? Thanks, Ramesh
you can apply to court to permit you to carry on construction of wall . get it approved by municipal corporation
2) if he obstructs file police complaint against him