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excellent (n/a)     15 January 2010

Litigant Tenant (Developer) in Bangalore - urgent!

Dear All,

My tenant has defaulted in making rental payments (he used to credit the rents to my bank a/c), gave him verbal notice to pay rent or vacate.  Didn't pay rent.  Gave him 2 months written notice to vacate the G/F portion (myself stay in F/F w/family), instead of paying rental dues or vacating he filed a civil case against me stating that I disconnected ele./water and forcibly trying to evit him.  Gave him legal demand notice to vacate.  He didn't vacate.  File for eviction suit against him.  Immediately, parked (2) - 4 wheelers in the G/F without letting me park my car.  Filed false criminal case against me and demanding me to sign 2 years extension and withdraw the eviction suit against me and that he will file criminal cases against me and see my end even after his evition.

Need advice from the experts as how to proceed with this complicated case and litigant and criminal tenant from Bangalore.

Please help!!





 8 Replies

excellent (n/a)     15 January 2010

Forget to add that there is a 11 months rental agreement that was extended upon mutual agreement for the past 3 years.  Tenant was irregular in making rental payments.


Please help what options I have to evict him.

R.R. KRISHNAA (Legal Manager)     15 January 2010

Assuming, in the rental agreement if there is no clause relating to car parking you shall file a civil suit for mandatory injunction to remove the car parked by your tenant.


Non payment / Irregular payment of rents, misuing the premises for parking more cars, threatening the owner with criminal cases shall form good / additional ground for you to evict the tenant. 


If he has filed a false criminal case against you (relating to tenancy) you shall approach the high court to quash the criminal proceedings seeking a consequent direction that any allegations of the tenant shall be made and be tried in the eviction suit itself.


Overall, I suggest you to process the eviction case faster.


Mr.Excellent - Your telegraphic language is excellent. Coming to your query, it's a usual landlord and (non-co-operative) tenant dispute. You have rightly filed the eviction case against your tenant. But your tenant is creating parking problems to you, which may be brought by way of Application in the same Eviction case. You may file Application after Application to bring his irresponsible and bothering acts and if possible take photographs of his vehicles parked as an obstruction to your car parking and file them with your Applications. The Court will order notice and direct the tenant to file his Counter (reply) to your Application. Try to expedite the eviction case. It will bring fears in the tenant's mind. As regards the rental agreement for 3 years, it's not admissible in evidence since if it is not registered. But forget about it for the present. Regarding police enquiry based upon the false complaint against you, you may show the police all the Court papers in eviction case. Further if you have stopped the electric supply/water immediately restore those services to your tenant on payment of the said charges to lessen the complexity of your problems.

excellent (n/a)     15 January 2010

In addition, since last May I have been paying common ele. and water bills which is supposed to be shared equally between the tenant and myself.  I never disconnected any of the services.  He himself filed a civil case initially and myself filed an eviction suit against him.  Meanwhile, he has filed a false police complaint against me saying I disconnected the services which is a shared resource as I live upstairs.  Police HC gave an ack. that what he complained is false.  Later for his case he filed an application in the civil court stating that 1. I parked and blocked all ingress/egress. 2. disconnected ele., 3. disconnected water and 4. threatened to forcefully evict him.  That I have used political influence, higher officials pressure, police force, gondasim etc., none of which I did.


Again this past week he filed criminal case against me that I initimidated to murder him / his family, used absuive language against the house lady, threaten to wipe out there family with bomb threat etc., all bunch of lies and states dates and time during which I was busy working and away from the places he stated that I was it.  Have time entries to validate the same.  Aagin a false case to intimidate me and per my extended family intervention to find the root cause he is demanding to let him stay at the premises for 2 more years, I should withdraw my eviction petition against him, let him park his 4-wheeler and that he would not pay any advance security deposit, and will pay cheques moving forward towards rental payments.


What triggered is that he didn't pay rents for 2 months and upon enquiry he said that I have 10 months deposit, he went to my bank where he used to direct deposit, bribed the clerk and got my bank statement where he used to credit rents, bribed the ele. meter reader to get ele. bill , and water bill and filed a case and got a restraining order to evict him using due process of law.  Immediately, stopped making any more rental payments and utility bills etc.,  threated my mom, poured coffer on her, set a fire cracker on her, broke the mail box, set it on fire, locked up all G/F security grill area, garage, main gate when we were gone out for a Sunday eve.  bribed the local police and and they didn't come to my rescue.


With this backbround and the tenant being a developer with 30 years experience fighting both civil and criminal cases and a very arrogant, and ruthless guy what options do I have to fight my case.


If I file my objections it will unnecessarily stretch the civl eviction case and might take a long time to get the eviction order and meanwhile he is harassing me and my family a lot.


Please advice what to do next..thanks in advance.

Gulshan Tanwar (Advocate)     16 January 2010

Send me the documents of the case; then only it will be possible to see the other circumstances and dont forget to erase the name of the persons instead write them as X, Y etc... else it will become publication and if somehow he knows then contempt proceedings will follow.

Gulshan Tanwar (Advocate)     16 January 2010

Easements Act he might be following and Cr.P.C., but above these is Constitution and Civil actions which can be a good help to you. It is very easy to say "murder" but very much difficult to prove the allegations....

Ashish Shoree (Director)     27 January 2010

Originally posted by :gurunarayana rao


While this post is a little late in the day considering the problem however for avoiding being in the same situation again you can use the services of "Absolute Tenant Check Private Limited". Kindly see our website


Ashish Shoree



Priyanka (senior test analyst)     27 June 2011

Hello sir

Even i am facing similar problem with my tenant.. He is not willing to vacate the house and threatens that he is going to take legal action against us if we ask him to vacate.Can you tell me what procedure you followed to evacuate ur house from such filthy tenants.

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