Rent (Rent) 17 June 2012

False fir while vacating the tenant

Hi,

While vacating one of the tenant in a rented building, the tenant went to police with a FIR that he belongs to SC and ST community. He allegdes that we told him SC and nich jati and all. After all forcebly thrown his belongigs out side of the room. After all he claims that he is having 10000 advacne on us and unless we wil pay him last 4 months rent back he will not vacate the house. We dont have any legal rent agrrement, no rent receipts. some times he used to deposit the rent in our bank account.After a lot of discussion he is ready to vacate the house after one month and given in written at police station.

I wanted to know the following things.

- With a FIR like this what action could have happened to us?

- police could have arrested the owner under SC and ST act?

- IN FIR he has mentioned al the NBW offenss as he filed it with the help of a lawyer

- My mother has also filed on FIR against him for assult - How its going to wrk.

- He is not having any proof that some one told about his religion. he used to stay alone.

- what are the possibilties he can react

Thanks

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4 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 17 June 2012

SOLVE IT AMICABLY AMONG YOUR SELVES.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 17 June 2012

1. SC/ST laws are a heavily misused lot, because these offences are so heinous and serious people are steadily abusing them a lot to settle scores.

2. You get your FIR registered first - so anythign that he does after that would only be a counter blast.

3. If police refuses to help file 156(3) before magistrate.

4. Go to HC to quash their fir if registered.

Good Luck !

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 17 June 2012

Filing your FIR is alright.

But if the tenant has filed FIR under SC ST attocity act will not be quashed by any court.

More over going to higher courts is not cheap.

Rent (Rent) 18 June 2012

Thanks for your suggestions. Now the matter is about to compormise and he is agreed that he wil vacate that house in 1 month of time and he has given in written that in police station. So now no FIR is present. But for future refernce could you please guide me how to avaoid this type of complecations as we are dealing with more than 20 tenants.

I guess the renatal agrrement will also not work out bcoz in situation like this he will threaten u that i will gor or this type of act or he may put some fale complaint.

please sugest.