you cannot restrain landlord from filing cases against you
2) since he has lost the cases in trail court chances of success are bleak in appeal
Landlord filing multiple cases even after vacating property
I had taken a shop on rent in 2017 and agreement was for 5 yrs. I paid rent regularly. In 2019 he filed personal necessity case which was allowed by lower court but stayed in session court. He then filed multiple cases like damage to property,cheating,defammation etc which all bounced in lower court.IN 2023 we handed over the shop to landord. NOw he moves to session court case by case and in one case of damage to property in high court. At present I am fighting 9 cases out of which only one case is relevant which is of recovery which i am ready to pay as decided by honourable court. I am very mentally harassed financially blown off.PLease guide how to stop him from filling irrelevant cases except that of recovery suit.He appears to be mentally sick as I tried many times to negotiate but he is adamant on late fees,interest mesne profit etc etc
Asked 5 months ago in Criminal Law
Religion: Sikh
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5 Answers
Hello,
- Invest and focus only on the 'relevant' case you have referred to and just ensure that the other cases are just attended to by your lawyer.
- In the case in the High court you must take the stand that you had handed over the premise inn good condition andhe had no complaints then and the complaint is vendetta driven as you got the order for vacation stayed.
- As the cases are already filed and three proceedings are in progress, you have no other option than dealing with them and on merit get orders in your favour.
- Based on the pleadings, your can check with your lawyer if there is a possibility of getting the case dismissed by moving an application to the court.
You cannot stop such characters from harming you.
He seems to be an obsessed person, meaning thereby having or showing excessive or compulsive concern with something. Since he is affected mentally and moving towards the same issue, you have to challenge them properly on merits.
As you clearly know that he cannot succeed in any case, you just maintain patience and follow them up regularly through your advocate.
He will become tired one day and may forego everything
Dear Client,
You can approach the High Court under Section 482 of the Criminal Procedure Code (CrPC) to quash the frivolous and baseless cases filed against you. The High Court has inherent powers to prevent the abuse of the legal process and to ensure justice. If you believe the landlord is filing cases with malicious intent, you can file a suit for malicious prosecution. This legal action seeks compensation for the mental agony, financial loss, and harassment you’ve suffered due to the baseless cases. It’s essential to consult with your lawyer to tailor these strategies to your specific situation and to protect your rights effectively.
- Since, the session court has stayed the order of the trial court , then after feeling defeated in the case ,now he is trying to involve in false cases.
- Hence, you can file a complaint against him before the police and higher official on the ground of filing false cases and to take revenge
- Further, after this you can approach the High for quashing/dismissal of his cases.
- As per Supreme Court, where a dispute which is essentially of a civil nature, is given a cloak of a criminal offence, then such disputes can be quashed, by exercising Page 8 8 the inherent powers under Section 482 of the Code of Criminal Procedure.
- Further, if you don't want to approach the High Court, then you can file an application under section 7 rule 11 before the same court for dismissal of his suit.
