Sale of property when tenants is not vacating and have registered 107 notices
2 months ago
We have tenant not paying rent for 4 years and have occupied the property around 11 years. It’s in Bihar and police was not supporting we ended up selling the property. One month before the registration we were informed that the renters had filed notice 107 against us. This was missed at our end as the notice was sent via whatsapp. Now when we went to give a notice in police station that we have sold the property ( as we have previously given letters to the police that renter was not cooperating, back then police never registered our complaint as they wanted to scare old age people that if we go to court this can go on to 10-15 years, they were making money with the issue and exploiting lack if awareness of my old age parents) what is my concern in this case? What can i do for the notice 107 and what are the consequences that may follow selling the property while this was registered. How can we get away with this legally and close the case without dealing with the renter?
In the current scenario, consider filing a petition under Section 482 of the Criminal Procedure Code (Cr. P.C.) in the High Court to quash proceedings initiated by the Executive Magistrate/SDM under Section 107 of the Cr. PC, citing the grounds of falseness and vagueness. If the High Court quashes the proceedings as false and fabricated, you can subsequently file a complaint case before a magistrate or lodge an FIR with the police under Sections 182 and 211 of the Indian Penal Code against the person who filed the false case.
For disputes between a tenant and landlord, resolution falls under the state-specific Rent Control Act. A Rent Controller or Additional Rent Controller is typically appointed to handle such disputes arising from a rent agreement or other reasons between the parties. In your situation, it's advisable to submit an application outlining your grievances before the relevant Rent Controller. Additionally, you may consider filing an eviction suit against the tenant to address the issue appropriately. Seek guidance and assistance from a legal professional for the necessary steps in these matters.
In the given situation, file a petition u/s 482 Cr. PC in the High Court for quashing the proceeding initiated by the Executive Magistrate/SDM under Sec.107 Cr. PC on the grounds of being false and vague. After the High Court quashes the proceeding being false and fabricated, you can file a complaint case before the magistrate or file an FIR before police u/s 182 and 211 of IPC against the person who has filed a false case against you. Further, a dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement or for other reasons between the parties. So, in the prevailing situation, you can file an application explaining your grievance before the concerned Rent Controller apart from filing an eviction suit against the tenant to resolve the issue in the right way. Reach out to an Advocate for guidance and steps.
Due to law and problem section 107 of Crpc will be invoked. File revision before session court and get it set aside and file a eviction suit before civil court.
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