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Ravi (bcd)     30 April 2010

Fradulent Tenant Not vacating Flat

 

I am having a serious problem with my tenant and I would be very grateful for any legal person who can give me some advice 

 

I am a salaried person on limited income.  Less than a year back, I let out my flat in NOIDA, UP to a person for an initial period of 11 months. The person with whom I signed the lease agreement actually has given possession of the property to another person, without my consent who is currently occupying my flat.

Soon after I let out the property, I started getting complaints from other people in the society that this person was actually carrying on political activities from the flat.  So I approached the tenant and asked him to vacate the property as soon as possible.  He pleaded with me to allow him to stay till at least the end of the initial agreed period of the tenancy which was till March 2010.  I made it clear to him that I would not be interested in extending the tenancy beyond the agreed period the initial period of 11 months in any case which was finishing on 31st March 2010.

This tenant has now forged and altered the date in the tenancy agreement from Mar 2010 to read as March 2016 ( by change 0 to 6 ) and has in turn filed a false case against me in the court saying that I am harassing him to vacate the flat before the term of the lease.  I received a court notice to this effect a couple of weeks back.  He has also alleged in the written complaint to the court that he has paid me huge some of money which is totally untrue.

In response to this, I immediately served an eviction notice on him. However, to my shock, he has filed a false complaint against me in the local police station blaming me for causing bodily injury as a "hit and run" case for an arm injury he already had using the registration number of my vehicle along with two false witnesses.  This also is absolutely fabricated as I have not been involved in any such thing and he has done this purely to falsely implicate me.

Meanwhile I came to know that this person who is occupying my flat now  is a seasoned goonda of the area and I am very scared that he is not going to vacate the flat. I myself stay in a rented apartment and this is the only flat that I have and I was planning to move into this with my family soon.

I would be very grateful if anyone can give me some advice as to how I should proceed or how I can deal with this problem as I am very much mentally distressed currently due to this problem.  I have seen this sort of things only in movies so far and never imagined that one day I will I will experience it myself.  This is causing me a great deal of mental anxiety and also adversely affecting my performance  in the office.

I request help from all o f you.  Any comments / suggestions would be very appreciated.  Thanking you in anticipation.

Ravi



Learning

 4 Replies

Kiran Kumar (Lawyer)     30 April 2010

its really tough ride for you, but better would be to file an eviction suit/ petition in the court as soon as possible.

 

it may take some time but you will have to take action....dont be under stress or duress rather fight it out.

 

he may not be able to prove his false complaints but u ll be able to prove your case, u r owner u ve every right to your property.

 

visit some local lawyer and file case as soon as possible...Be Brave Man

G. ARAVINTHAN (Legal Consultant / Solicitor)     01 May 2010

File suit for eviction. He will contest with that fraudulent lease agreement, 6you can prove your case

Isaac Gabriel (Advocate)     01 May 2010

This is not new and such armstwisting manoeuvres happen everywhere. The law abidng citizens have to face it and fight it out with courage.Thoug it is a mental agony ,you should not lose hope, rather be hopeful to get rid of it. Don't give up legal action for eviction.

Bobby Mani T (Lawyer)     02 August 2010

The tenant will not be able to prove his false case and you can come out successfully, for that you have to fgt.  You can file eviction petition on the ground of own use and the tenant possess other builidngs. 


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