ASGAR FANSOFKAR (ENGINEER) 31 May 2024

Fraud agreement

I made a rent agreement with my landlady 2 years before for five years and she mention wrong House No of the property which i did not confirm with property papers, she asked me to renovate her property and threw us out with force as the property is not rented with us. Can i file a police complaint against her in fraud case. Kindly guide for the same as the police did not take the complaint and ask me to go to the court.

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Quick Summary

A tenant entered into a five-year rent agreement but discovered the property's house number was incorrect. The landlady subsequently evicted the tenant forcefully. While the tenant wishes to file a police complaint for fraud, legal advice suggests a civil action for permanent injunction to prevent eviction is more appropriate than a criminal fraud case.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 31 May 2024

If you had entered into a rental agreement and the same is effective, don't worry about the erroneous schedule of property mentioned therein, you can file a suit for permanent injunciton against the landlady restraining her from evicting you focibly other than by due process of law.

You can refuse to vacate and ask her to proceed legally which can be challenged on merits.