We did rent deed of 3 of lock in years with property owner, In agreement it was written that service tax need to be paid by lessor, he paid for one year next year he wants us to pay the service tax, so he did the false signature of one of director on agreement. In our true copy that false signature is not there, but in his copy it is there.
With this of wrong things we decided internally that we dont want to continue the lease agreement with such lessor, he agreed verbally the same thing, then sended the notice for paying the rent of 9 months, it was written in agreement that the lock in period is of 3 year
As we vacant the property after 2.3 year, what he did is, he had sent legal notice to us regarding the cheque bounce, he used our cheque against us, and secondly he gave that property on rent to some one else.
On instead of Civil matter, if filled case of 420 against us in court, on the other side already the work of other lessor is going on in that propertry.
Can he do the things at a same time, giving notice of property, and giving the property to some one else?
What should we do in this case.
Asked 9 months ago in Property Law from Rajkot, Gujarat
Since agreement was of 3 years with lock in period you cannot ba care premises before expiry of lock in period
2) since Cheque has been dishonoured Cheque bouncing case would be maintainable .
3) since you vacated premises lessor can give premises on rent to third party
1. If he forged the signatures then a criminal prosecution for forgery and cheating should have been launched against him. Failure to adopt the legal remedies in a timely manner would be seen as admission of the signature as your own. If you do not pursue your legal remedies when you are the victim the perpetrator of crime will get fodder to implicate you, which is what he has done.
2. Move the High Court for quashing of FIR depending on the allegations contained therein.
Without the tenant vacating the property and handing over possession the landlord cannot let it out on rent to a different party.
This is illegal and invalid and also an act of cheating or trespass.
You have rightly chosen the criminal law for getting relief against him.