Eviction of property by filing case on third party Eviction of property by filing case on third party

1 month ago

My landlord has filed a case for eviction of shop on my brother even though he has nothing to do with it. The above shop is being runned by me, for last five years as a proprietor. My brother has already mentioned in court that he is not liable or has any interest or any claim in the said firm .

Anik

Responded 1 month ago

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A.Dear client, one can file a case on anyone but have to prove ithe said claim in the court of law with sufficient evidence. If you can prove your case then your brother can't be held liable as he has no interrest or claim in the said property.
As a remedy your brother can file a case under sec 209 of ipc for false case. Sec 209 of ipc states that, if any person who dishonestly, fraudulently, or with an intention to injure or annoy any person, makes any claim in the court of justice which he knows to be false, he shall be punished with imprisonment which may extend up to 2 years and shall also be levied fine.
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Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Madam,
That suit is to be dismissed summarily for filing against wrong person since you are the person and running the shop in the capacity of proprietor and seems holding trade license, GST etc.
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