Hi All,

I request ALL forum members for suggestions on Civil and Criminal cases against me.

Civil Case Status:

1. I am OWNER of commercial shop. My house is located BACK side of my commercial shop.
2. Since, 5 years, continuously, I'm requesting to the tenant to vacate my shop. My retirement is in next year i.e., 2013. I want to start some business in my own shop. Also, since building structure is old, I want to do renovation to the building.
3. All of sudden, tenant filed a CIVIL suit in the "prl junior court ". He got intrem injunction. Later, he got ABSOLUTE injunction.
4. I filled EVICTION suit. Still it is pending.

Criminal Case Status:

1. My house is located BACK side of my commercial shop.
2. Tenant started ABUSING to our family members, while crossing on streets by saying, "I will fight this case in appeal court, district court, session court, high court. I'll DRAG for another 10 years."
3. He abused and misbehaved my wife. He started saying same above comments and he kicked her. I and surrounding shop owners are eye witness of this incident.
4. Immediately, I lodged police complaint. Police registered FIR and started investigation with all surrounding witnesses.
5. A case registered on Tenant on sections 290, 509 IPC.

1. After 2 days of this incident, tenant came with their family members to our house and asked us to withdraw criminal case which is booked on them.
2. Tenant offered a condition, if we withdraw the criminal case, they will vacate shop and will withdraw civil case.
3. I said them, first you withdraw civil case and I'll withdraw criminal case. They said, they need some time to think.
4. Next day, suddenly, they filed a counter criminal complaint against us (myself, my wife and my son) in police station. In their complaint, they said, we confined them in a room and threatened to kill them.
5. A case registered on us on section 342, 504, 506 IPC.
6. Frankly speaking, they managed police.

Trial court status:

1. We got an acquittal in the trial court.
2. Trial is still pending on tenant, that which I have filed a complaint against on tenant.
3. Again, tenant started threatening us, he is saying that he will take this matter to Appeal court, HIGH court ...etc.

1. Frankly speaking, I'm exhausted with LONG procedure of the court.
2. I want to stay away from this kind of matters.
3. Since the trial court already made a judgment, Does this tenant is eligible for a appeal in any other courts.
4. If yes, in which court again he has to file a petition, Like appeal court or high court.
5. How much time this case will take's to complete it.

I read some judgments in this forum's, like, Jessica lal trial case ...etc.

I request ALL this forum members for suggestions. Thanks.

I request ALL this forum members for suggestions. Thanks.

Please suggest ALL forum members on this above matter. Thanks.

You have consused your querries, as regard the eviction of your tenant, it is entirely a civil matter, the ground of eviction of tenant are (1) bonafide requirement (1) illegal sub-letting (3) damage to the property (4) default in payment of rent. In your case since you have retired your income have gone down and in that case your case comes under bonafide requirement. You can plead before the court for eviction of the tenant on the ground that since you have retired and now in order to maintain yourself and your family members you want to start a business of your own and for that you want the shop to be vacanted. From your queries it is not clear on what ground you have asked for eviction before the court.

As regard the criminal matter it has nothing to do with the tenancy, it is entirely a criminal. If the tenant is ready to vacate the shop in that case you can go for withdrawing the FIR and the civil case, that too only after the shop possession is handed over to you. In lot of cases it is seen that possession is not handed over but the cases are withdrawn, which ultimately leads to comming tothe same positon.