Harrassing tenant demands money for vacate and puts false cases
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.
Asked 7 years ago in Property Law
Religion: Hindu
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
Asked 7 years ago
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
Asked 7 years ago