Problem in getting the tenant evicted
I am having a serious problem with my tenant and I would be very grateful for any legal person who can give me some advice.
I am a salaried person on limited income. Less than a year back, I let out my flat in NOIDA, UP to a person for an initial period of 11 months.
The person with whom I signed the lease agreement actually has given possession of the property to another person, without my knowledge and consent who is currently occupying my flat.
Soon after I let out the property, I started getting complaints from other people in the society that this person was actually carrying on political activities from the flat. So I approached the tenant and asked him to vacate the property as soon as possible. He pleaded with me to allow him to stay till at least the end of the initial agreed period of the tenancy which was till March 2010. I made it clear to him that I would not be interested in extending the tenancy beyond the agreed period the initial period of 11 months in any case which was finishing on 31st March 2010.
This tenant has now forged and altered the date in the tenancy agreement from Mar 2010 to read as March 2016 ( by change 0 to 6 ) and has in turn filed a false case against me in the court saying that I am harassing him to vacate the flat before the term of the lease. I received a court notice to this effect a couple of weeks back.
He has also alleged in the written complaint to the court that he has paid me huge some of money which is totally untrue.
In response to this, I immediately served an eviction notice on him. However, to my shock, he has filed a false complaint against me in the local police station blaming me for causing bodily injury as a “hit and run” case for an arm injury he already had using the registration number of my vehicle along with two false witnesses. This also is absolutely fabricated as I have not been involved in any such thing and he has done this purely to falsely implicate me.
I have now got court summons to appear in respect of this accident case.
Meanwhile I came to know that this person who is occupying my flat now is a local goonda of the area. I myself stay in a rented apartment and I have now got the notice to vacate from my own landlord. I have a family with a wife and child and have nowhere else to go as this is the only flat that I have and I was planning to move into this with my family soon.
I am at my wits end as I have never had any police complaint of court cases in my life before. I would be very grateful if anyone can give me some advice as to how I should proceed or how I can deal with this problem as I am very much mentally distressed currently due to this problem. I have seen this sort of things only in movies so far and never imagined that one day I will I will experience it myself. This is causing me a great deal of mental anxiety and also adversely affecting my performance in the office.
I request help from all of you. Any comments / suggestions would be very appreciated and gratefully acknowledged.
Please help !!
TNR
11 Replies
I have gone through the facts of your case. It is really pitiable. I understand from your facts that the miscreant has altered the relevant date in a lease agreement.If that be really so, it amounts to a criminal offence punishable under the relevant section of Indian Penal Code. In fact, you should very exhaustively draft a criminal complaint detailing the facts and circumstances of the case and lodge a criminal complaint against your original tenant as well as the miscreant. Beside this, you should also file a criminal complaint for tress pass against the person to whom we shall call miscreant. The remedy of criminal tress pass would be available to you, because you have never let out the premises to that miscreant. A person who is not expressly or by consent authorized to live in the premises and occupying the premises is deemed tress passer.
It is further understood from the facts discussed that the said miscreant has filed a false and frivilous complaint against you in order to achieve the ultirior motive. Under such circumstances, it is advisable that you should file a Criminal Miscellaneous Application as contemplated under Section 482 of Criminal Procedure Code before the High Court. This Section vests the High Court with a jurisdiction to quash the false and frivilous complaint.
About the Civil suit that is filed against you, you should contest the same and prove that the said premises was never let to the miscreant and upon proper consideration, the Court may pass appropriate order for vacation of premises.
That is it. In case of further legal advise, please send an email to (corporatearmour[at-the-rate-of]gmail[dot]com.
) Hemang D.Rana,
Senior Advocate, High Court of Gujarat, Ahmedabad
Dear Sir,
I have noted your suggestions and am extremely grateful to you for the same.
I will keep these points in mind while I decide the next course of action.
In case I need any further assistance I will email (corporatearmour[at-the-rate-of]gmail[dot]com) as you have suggested.
Once again, I would like to sincerely thank you for having taken out the time to read through my post and for your valuable advice.
Best regards,
TNR
OK..
Donot not feel constrained. You will get the best advise. Get yourself legally supported.
Hemang D. Rana
Hi,
I Facing a similar isuse, but its my relative is against vacating the house.
Just wanted to know were you successful in getting your problem solved.
Thanks
SJ
Hi,
Just to add, any lease agreement for more than one year needs to be mandatorily registered under Section 17 of the Registration Act.
Was your original lease agreement (11 months) registered? If no, then the other party cannot treat it as a document giving him valid possession until March 2016.
Regards,
Hi,
I dont understand few things in your case.
1. If you have made a rental agreement and the tenant has alter 2010 to 2016.Did he has the original agreement with him or its a xerox fabricated. If not why dont you present the original agreement in front of the court.
2. Did you mention any thing time frame such as , 2 or 3 months of notice period from both side to evacuate the property in the agreement.
My best answer to you is, you will get the property but it has time constraint, but if you cant wait till the court proceedings, sell the land to a person who his father in his feild. May be you will get some low according to market price, but atleast you will have some thing with you instead of waiting for so long.
Secondly he will also get a nice lessons for future and he will think 100 times before doing this act to innocent people in future.
Hi,
I have read your suggestion.
First, I would like to appreciate you for the time taken think of his case.
I Agree with your first two points but not with the rest.
Selling to house to another Gundas at low cost is not a good idea. If you make it as a practice then, they will make it as a business. What will happen is, both the Gundas will have an agreement between them and try possess the properties of other innocents. Keep in mind that the truth will win and it should win.
Again I appreciate you for your time.
Suresh P
Hi TNR,
I’m sort of facing a simillar problem. Kindly guide me as to how you proceeded and if were able to come out of these issues. Were you able to evict him and get pocession of your property.
Regards,
Rajesh
I agreed with you .
ownners association charging huge maintanance charges ., and claiming more from tenents ., some times even providing basic maintainance fecilities to the tenents..we filed the civil suits against owners association., the suit is pending., still they force to evit me without reason…
[quote=“maaran chennai” post=10906]ownners association charging huge maintanance charges ., and claiming more from tenents ., some times even not providing basic maintainance fecilities to the tenents.they claim the maintanance.we filed the civil suits against owners association., the suit is pending., still they force to evit me without reason…[/quote]