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Property Mgmt   25 September 2021

Tenant arrested, in bail and absconding. what now?

I had a tenant from 2015. From Apr2018, he stopped paying rent due to his personal financial problems. With constant followup, in Aug 2018 he gave me a written letter stating he will vacate in 1 month time. There is a witness (ward member) signature also in this letter. On Sep 2018, he was arrested based on cheating complaint raised by someone else. He was in jail for a certain period of time, but he came out in bail and is absconding since then. He doesnt appear for the trial repeatedly. I have the FIR copy and the case number that is under trial in the District Munsif court. I had reported this to IG office in Dec 2018, but shortly after that I had a major health disorder.

Now I am back on my feet, I want his belongings to removed from my property. I dont know if he is currently in Jail or in bail. Having tenant's acceptance to vacate letter, FIR and the case details, and with tenant absconding in a possibly criminal case (IPC 420, 294(b), 506(1)), what is the best possible resolution in shortest time frame for me? 



 6 Replies

Shashi Dhara   25 September 2021

File suit for eviction in civil court.

Advocate Bhartesh goyal (advocate)     25 September 2021

Criminal case u/secs 420,294(b) and 506(1) of IPC against tenant will not help you to get eviction of tenant,you have to file eviction petition against tenant and get order of his eviction from court

Pradipta Nath (Advocate)     25 September 2021

Go for an eviction suit. But remember the result of eviction suit will not materialize in a day or a week. It will take due time.

Dr. J C Vashista (Advocate and Legal Consultant)     26 September 2021

Well analysed, opined and advised by experts, I endorse and appreciate. File a suit for eviction through a local prudent lawyer.

G.L.N. Prasad (Retired employee.)     26 September 2021

When a tenant is absconding, further expenditure is useless. Contact a local advocate and explore for a remedy after publishing in newspapers, conducting a panchanama with the help of police, keeping the belongings in a locked area, shooting a video, and handing over the key to Police etc.

P. Venu (Advocate)     26 September 2021

Yes, it is true that police are sorting out such cases in the lines suggested by learned Mr.Prasad. However, due process is in filing an eviction suit.

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