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Tennant filed an FIR against me after changing the apartment lock


25-Feb-2023 (In Criminal Law)
Hi need an urgent advise here,nI have given multiple notices to a tenant living in my property at Gurgaon. Inspite of issuing legal notice he did not vaccate it. our former lawyer advised us to change the locks as he was not responding to us. The tenant came back on the same day and broke the lock in the night and took the possession back. Also, he filed an FIR under second 380 IPC against me and my father. What should be my next steps and remedial actions.
Answers (5)

Answer #1
853 votes
hello dear You should first of all try to apply to the court to quash the FIR. if inspite of legal notice he did no vacate your house then u should apply to your rent controlling authority i.e municipal corp. gurgaon to get the house vacated.
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Advocate Sonit

Adv. Sonit

LawRato Hisar | 50+ Answers
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Answer #2
830 votes
Hello, here you can file the case of criminal trespass against the tenant under section 447 of the IPC as the tenant is illegally staying in your premises. Also , file an eviction suit against the tenant . As , far as fir under ipc, a landlord can use reasonable force for evicting the tenant, you can file a defamation case against the tenant for false for under 380 IPC and also file an application under 482 crpc for quashing of fir in high court.
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Advocate Nitanshu Sharma

Adv. Nitanshu Sharma

LawRatoGurgaon / Gurugram | 200+ Answers
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Answer #3
920 votes
Greetings for the day, In this scenario you have to approach the civil court for taking back the possession of your house. You have to initiate eviction proceedings against your tenant as soon as possible.
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Advocate Deepak Sharma

Adv. Deepak Sharma

LawRatoFaridabad | 200+ Answers
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Answer #4
815 votes
Hi Sir, Madam Initiate by serving him a notice. Upon failing to respond to the same, file suit for eviction by citing certain reasons example- you need property for occupation of family members etc There upon the court will order eviction For further information please contact Thanks Adv Dr Preeti
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Dr. Preeti Manderna

Dr. Preeti Manderna

LawRatoPanchkula | 400+ Answers
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Answer #5
761 votes
After serving the notice for eviction, a petition for eviction under section 13 of the haryana tenancy act may be filed in the civil courts of gurugram. For a better understanding and consultation I’d need to have a look at the rent agreement and the eviction notice and other relevant documents.
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Advocate Rohit Dhankhar

Adv. Rohit Dhankhar

LawRatoGurgaon / Gurugram | 25+ Answers
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