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Legal Steps for Evicting Tenants and Resolving False Loans

Question:

I own land in my hometown (Dirai Police Station, Sunamganj) where I allowed my cousin’s in-laws to construct a building. However, they have now rented out the 2-storey building without my permission and refuse to vacate the property. Additionally, they are falsely accusing me of owing a loan, claiming I signed documents, which I never did. I already attempted to resolve this by filing a general diary with the police, but the other party has avoided all meetings for mediation. They are prolonging the issue without cooperating. How can I legally evict the tenants and protect myself from these false loan claims?

Answer:

Here are the legal steps you can take to address these issues:

1. Evicting the Tenants:

  • Serve a Legal Notice:
    Send a written legal notice through a lawyer to the tenants, asking them to vacate your property within a specific period. Mention that they are illegally occupying the premises without your consent.
  • File an Eviction Suit:
    If they fail to vacate after the notice, file a case under the Premises Rent Control Act, 1991. As the rightful owner, you can seek court intervention to remove them.

2. Handling the False Loan Claims:

  • Challenge the Validity of the Loan Documents:
    If they are alleging a loan based on false signatures, you should challenge the documents in court. File a criminal complaint under Section 463 and 464 of the Penal Code, 1860, for forgery and fraudulent claims. Request forensic verification of the signatures.
  • File a Defamation Case:
    If the false loan claim damages your reputation, you may also consider a defamation case under Section 500 of the Penal Code, 1860.

3. Police Involvement:

  • Revisit the General Diary (GD):
    Provide any new developments or evidence to the police and request their assistance. If they don’t act, escalate the matter to higher authorities, such as the District Superintendent of Police (SP).

4. Mediation and Arbitration:

  • If you wish to resolve the issue amicably, you can try involving local community leaders or submitting the case to arbitration under the Arbitration Act, 2001.

5. Hire a Lawyer:

  • Given the complexity of the situation, hire a skilled property lawyer. They can represent you effectively in court and handle the eviction and loan disputes simultaneously.