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Mp Krishnaiah   15 August 2020

how to vacate a tenant

Dear experts
how to vacate a tenant who is creating heavy disturbances in various methods and threatening and a police complaint also yield nothing due to his influence. The portion is belongs to my uncle who is brother of my father.
kindly advice on this issue.
THANQ.


 6 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     15 August 2020

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     15 August 2020

Vacating a tenant is a civil issue. Police have no power to evict a tenant.

You have to file an eviction suit in the civil court by giving him an advance Notice.

For threatening and  creating Nuisance you may file a police complaint and this complaint has nothing to do with the eviction.

 

N.K.Assumi (Advocate)     17 August 2020

You have not stated the status of the tenant as "Tenant on Sufferance" or Tennant holding over".. But for eviction of tenant you have to followed the suggestions given by the experts, that is civil court. However, the acts of the tenant also amounts to intimidation, insult and annoyance to a person  in body and mind, and can be criminally prosecuted under IPC.

Advocate Bhartesh goyal (advocate)     17 August 2020

You have to file eviction petition against tenant on ground of nuisance.

ravi yudha (ceo, non-profit org)     21 August 2020

civil cases take long time and tenants take advantage of it. what annoyance can a owner create in retaliation to tenant so that he vacates by himself?

Sudhir Kumar (Retd Govt Officer)     25 August 2020

Originally posted by : ravi yudha
civil cases take long time and tenants take advantage of it. what annoyance can a owner create in retaliation to tenant so that he vacates by himself?

 

This forum give legally tenable solutions.


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