• Tenant is cheating us

My tenant is causing so much grief to us since 5 years. They installed a 2 color offset press and other machinery which is purchased on loan from Andhra bank. We have to get Rs.5 lacs from them. I have contacted bank manager and he said they are selling the machine by auction. I have gathered some people who want to buy the machinery. but that fellow is not giving keys of the premises. can I give police complaint on them. how can I proceed with such frauds. he is absconding. We are fed up calling him, going to his house so far so many times. Please help us.
Asked 3 years ago in Civil Law from Hyderabad, Andhra Pradesh
Hello,

Thank you for your posting your query.

There are two issues involved in the above dispute. The first is between you and your tenant regarding vacation of the premises. For getting your premises vacated, you will need to approach the court of competent jurisdiction and file a case. Without obtaining an order from the court you can't take possession of the premises or forcibly enter into the same. Doing so will give rise to other legal complications.

The second issue is between Andhra bank and your tenant. Since the tenant defaulted in payment of loan, the bank is going for auction proceedings. Since the machinery is lying locked, the bank officials may take appropriate permission from court and assistance from police to proceed with the auction. This does not involve you as such and hence you may let the bank take the appropriate course of action.

Regards,
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
5.0 on 5.0
A police complaint will not yield any desired result whatsoever as the tenant has not committed any offence. Police comes into picture only and only if a person has violated the criminal law of the land, which your tenant has not.

You should rather file a case in the competent court for getting the leased premises vacated of your tenant. Unless and until a court of law orders him to vacate the premises he cannot be thrown out. If the off set press was installed without taking your permission then it is an additional ground on which you can ask the court to order him to vacate. 

As regard the non-payment of loan that is an issue between your tenant and the bank. There are sufficient and efficacious legal remedies available to the bank to recover the loan amount from him. It is for the bank to decide when to pursue which of those remedies.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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You may file a police complaint. However, along with the complaint, you must also file an eviction case in court for his eviction. In the eviction case, you may also file an interim application for injunction restraining the tenant from selling any assets lying at the flat, as and by way of security towards your rental dues.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0

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