• Evicting a tenant

I am looking for assistance in eviction of our rented property which was rented approx 30 years ago by my grandfather without any legal agreement. We are receiving rent on those premises and issue Rent receipts to the tenant every month.He has filed false cases u/s 145 in the metropolitan court for which we have filed a quashing request in sessions court)and also lodged false complaints against my family so that i should settle for any small amount and discharge the property for peanuts.The property is of great importance to me since my (late)mother was closely attached and i need someone very honest to guide me in this situation as to what can be done. Thanks
Asked 3 years ago in Property Law from Mumbai, Maharashtra
1. Section 145 crpc case has force for limited period only though you can challenge it u/s 397 or u/s 482 of crpc in sessions or high court respectively.
2. You are silent about other complaints. If you disclose then I can advise further.
3. You have wasted long period of time doing nothing. Do file a suit for eviction against the tenant without causing further.
Devajyoti Barman
Advocate, Kolkata
6913 Answers
78 Consultations
4.9 on 5.0
File suit for eviction immediately and challenge 145 CrPC.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. The case u/s145 of Cr.P.C. will not be of any affect to you since he wont be able to produce the required evidence,

2. You can file a petition u/s482 of Cr.P.C. challenging the said case before the High Court,

3. File an eviction suit immediately on valid grounds.
Krishna Kishore Ganguly
Advocate, Kolkata
13586 Answers
291 Consultations
5.0 on 5.0
1) file suit for eviction against the tenant 
2) since you have already filed quashing case in session court wait for court verdict
Ajay Sethi
Advocate, Mumbai
27340 Answers
1486 Consultations
5.0 on 5.0

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