Tenants right after building collapse
arunkumar
(Querist) 14 November 2018
This query is : Resolved
The building collapsed in the year 2016.The tenant already vacated the place 7 years prior to the collapse.We the owner of the building reconstruced the building 18 months after the collapse of the building .The tenants did not approach us till we got the building in its original shape.Now they are asking for possesion and filed civil suit in small cause court .And also to harass the owners( 27no ) the private criminal complaint is filed with jmfc court under ipc 406/417/420/447 etc.Is it possible to quash this complaint in session court/highcourt .The complaint is under verification stage.The process for summons is not issued. Pl advise properly to challenge this criminal case.THe tenant has only verbal evidence and he is staying in rented flat else where since last 10 years or so.
Isaac Gabriel
(Expert) 14 November 2018
If at all you have written agreement etc., it would now have lapsed and the tenent has no locus standi to claim.You can contest the suit through lawyer.No anxiety to worry.
arunkumar
(Querist) 14 November 2018
thanks for showing interest and to tell u thatthere is no written agreement or so before reconstruction
arunkumar
(Querist) 14 November 2018
PLEASE ADVISE ABOUT QUASHING
Hemant Agarwal
(Expert) 15 November 2018
1. It is NOT advisable to go for quashing of the Criminal case, more so since the group of tenants are now looking for filing Civil suit for their rights.
2. Nothing adverse is going to come out of the Criminal case for you (except little harassment). BUT this will keep other litigation's /matters in abeyance and outside time limit.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
r.sathyanarayanan
(Expert) 15 November 2018
Dear Mr.Arun Kumar,
The court never allows any one to file crl case even though they may a right to file civil case.it is nothing but abuse of legal provisions. I suggest you to appear in the jm court as and when you are served the summons and collect all the documents and thereafter file quash u/s 482 of cr PC before high court. Consult and avail the services of a lawyer. I am confident that the complaint will be quashed.
