Legal notice used for harrasment
bharat khatwani
(Querist) 02 February 2025
This query is : Open
I have been told that a case for malicious prosecution can be filed when someone intentionally uses the legal system to harm or harass another party without reasonable grounds. In your case, the tenant's baseless legal notice demanding rent equivalent to 120 years' worth based on a 25-year-old false oral agreement could qualify as malicious prosecution if certain conditions are met. PLEASE OPINE.
Kishor Mehta
(Expert) 02 February 2025
As you have worded your query, the tenant has no legal grounds for his claim, as for harassment, if it is physical, you can always approach the local police authorities. Resorting to malicious prosecution may prove fruitless excecise.
bharat khatwani
(Querist) 04 February 2025
Dear Dr. Vashista,I'm providing a more comprehensive explanation of the situation:
Background:
I am the landlord of a property.
A tenant, Girdharilal, recently served me with a legal notice.
The Alleged Oral Agreement:
The tenant claims that my father, who passed away in 1999, orally agreed to pay him ₹4 lakhs for renovations to the premises. This alleged agreement supposedly took place shortly before my father's death.
This claim is highly improbable for several reasons:
Statute of Limitations: Any such agreement, whether oral or written, would be subject to a statute of limitations (typically three years in India) unless formally renewed. This claim, made 25 years later, is clearly time-barred.
Lack of Knowledge: My father never mentioned this alleged agreement to me or any other family member.
Father's Condition: My father was bedridden for six months prior to his death, making it highly unlikely he could have conducted such a meeting and agreement.
Belated Claim: The tenant never mentioned this alleged agreement at any point before sending the legal notice, despite having ample opportunity to do so over the years.
Exorbitant Amount: In 1999, ₹4 lakhs was a substantial sum, sufficient to construct a house twice the size of the property in question. This makes the claim even more dubious.
The Legal Notice:
The legal notice demands payment of ₹4 lakhs, which the tenant claims is owed for the alleged renovations.
The notice also makes a further demand, seemingly unrelated to the renovation claim, for an amount equivalent to 300 months (25 years) of rent. This calculation is unclear and appears to be based on an arbitrary figure. (This point needs further clarification – is the tenant claiming rent arrears in addition to the renovation cost? If so, for how long, and what is the basis for the amount claimed?)
The Harassment:
The legal notice is clearly intended to intimidate me. The claims are baseless and appear designed to cause me distress.
Although I have responded to the legal notice, the tenant has not initiated any court proceedings. I believe this is because he is aware that his claims are legally untenable and that he risks facing prosecution under IPC Section 209 (false claim in court).
Kishor Mehta
(Expert) 04 February 2025
From your above data it appears that the demand of your tenant is frivolous and not sustainable. You may opt for malicious prosecution only if he files legal proceedings and the Court rules in your favour and dismisses the suit. However, more often than not, such malicious prosecution is hardly worthwhile.
bharat khatwani
(Querist) 05 February 2025
You have written "You may opt for malicious prosecution only if he files legal proceedings " What if he do not go for legal proceedings.? He has not filed any case so far and he is not going to file case because he knows that he has no locus standi.If I file for eviction,case will linger in court for years together as he will have options of challenging court verdicts till matter reaches SC.
Kishor Mehta
(Expert) 05 February 2025
Once a legal suit is filed by any party then both have to wait for the final outcome, there is no alternative once the matter is with the Court. I fail to understand your worry as you say that your tenant is not going to file a case. If you want to file a case of malicious prosecution simply on the basis of the notice of your tenant, you may, but then again the case may drag on for a long time causing you unnecessary expenditure, and you may or may not be successful.
bharat khatwani
(Querist) 05 February 2025
Mr. Mehta, your advice seems to assume a court case. The tenant is avoiding court. The legal notice is being used as a tool of harassment without any legal proceedings. What practical steps can I take now to address this harassment, short of initiating a potentially lengthy and expensive legal battle myself? Is there any option of filing criminal case?
Kishor Mehta
(Expert) 05 February 2025
Your matter does not involve any criminality. You may just ignore his letters there is no alternative. I hope this satiafies your query.
bharat khatwani
(Querist) 06 February 2025
after sending baseless legal notice he has stopped paying rent. He is not going to court because he knows his plea will be dismissed.Suggest remedy.
Dr. J C Vashista
(Expert) 08 February 2025
File suit for eviction and recovery of arrears of rent before competent jurisdictional court.
Dr. J C Vashista
(Expert) 09 February 2025
Under these circumstances what action / relief do you intend / propose ?
bharat khatwani
(Querist) 24 February 2025
Mental harassment?.....................................................................?
