False case registration against me
Querist :
Anonymous
(Querist) 31 May 2011
This query is : Resolved
Dear Sir,
I served in Indian Navy (Defence) for 15 years and now staying at Mumbai. As I earlier informed lawyersclub that we are having a house at kolkata where my parents are only staying.One tenant is occupying two rooms in the house since last 35 years and till date our every try has gone in vain to evict them, though they are paying merely 75/- as rent through rent control.
Now I am fearing that whenever I will go to my native there are chances to trap me in false criminal case, which will result too much harrashment for me and my earning source at Mumbai will be stopped. In this situation please guide me what step I must take to save myself from any false trap
Guest
(Expert) 31 May 2011
Don't hesitate to go to your native place.
Just go there and if he file any criminal complain then after that file a Defamation case(Under section 499 of IPC,1860) against him.
Devajyoti Barman
(Expert) 31 May 2011
Do you have any basis of your apprehension?
The landlord in threat of being prosecuted by the tenant is quite unheard of.
So shirk off your doubts and file a case for eviction. The courts and the law enforcing agency in Bengal particularly in Kolkata fortunately quite stringent and the people without any fear approach the court for getting justice.
n any case once the case for eviction is filed you need not come to Kolkata too often. Most importantly if your parent s the landlord then you need not file the case.
Querist :
Anonymous
(Querist) 01 June 2011
Dear Sir (Mr. Devajyoti Barman)
Please find the total picture of the case as on date
I am an ex-defence person and staying at Mumbai while my parents are staying at Kolkata at Ancestral Property.
A tenant is staying at part of our premises since long and my father is continuing a civil suite to evict the tenant since last 25 years.
But now I an assuming the civil suite is not having any strength as my father is unable to prove that we need the portion of tenant for our personal use.
Can anybody guide me how I can help my ailing parent to evict the premises, as the tenant is politically influenced and mentally tortures my parent for by abusing every time.
The case is placed showing that we require the portion for our own use. But the property is having a good number of rooms unused / rarely used as only me aged parents are staying there.
The tenant is paying rent Rs. 75/- in rent control. I tried to convinced my father for out of court settlement. But Now the case is prestrige issue to him and the tenant demanding Rs. 5 lacs against the two rooms they were staying for last 35 years only for Rs. 75/- per month rent paid through rent control.
I can transfer myself to Kolkata leaving all my earning source at Mumbai, but will it give a good strength to the demand as the premises is having good nunber of rooms.
The most pathetic thing is that my father spent 30 years of his live to fight the case against the tenant, he is now of 78 and being an ex-service man I am not finding any way to vacate the premises and give my father few days of relief before his death.
The tenant is with too much dirty mind. They can do any thing for staying there for unlimited time. Every now and then they are filing GDs with false allegations. But such allegations may destroy my routine life. Being my parents are there and they are of the age of 75 above I frequently require to visit Kolkata.
I would like to discuss with you in details, if you can provice me your number It would be very much helpful to me.
Guest
(Expert) 03 June 2011
If you have some definite information that your tenants can falsely trap you, better get anticipatory bail from some Kolkata court before entering in to your house. Otherwise, Devajyoti's advice is OK for you to adhere.
