kapil (owner) 23 October 2011

Need urgent help

hello,

I have given two shops on rent & my tenant got stay from court only for those two shops but we have total five shops. my tenant is now locked the path going to the roof of five shops as the stairs as well as roof are not included in the stay & even stairs are not in those two shops. we made a police complaint for unlocking the stairs pathway but my tenant made a statement that he will unlock the stairs within five days but he had not done that one.also he ask us that he purchased a pistol & give us many "dhamaki". please resolve my problem even we file a case of eviction in court.and the police is not doing anything in this regard. plese help me

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Hemant Kumar Jain (Senior Associate) 23 October 2011

Kapil,

You have not told the state where the shops are situated, as the rent control laws are different for each state. Anyways, as for the police action, if the local police is not helping you out, you may send your representations/complaints to the SP and mark the copies to the IG or DIG of the range, seeking their help and intervention in the matter. You may lodge an FIR against the tenant for the threats given to you as also for harrassing and blocking the way. As for the Eviction case, as you have already filed an Eviction suit, you may get a commisioner appointed for giving the report regarding the correct position at the premises, which will help you in showing the conduct of the tenant. Also, take the grounds of nuisance and harrassment in your suit for eviction. You have not stated that in which suit, the tenant has got the stay in his favour and what is the language of the stay order, therefore it is not possible to give a comprehensive advice. I hope that the aforesaid suggestions would be of some help to you.

Hemant Jain