Section 341 , 448, 454, 45 , 380, 429 of IPC I
Arunpal
(Querist) 26 July 2013
This query is : Resolved
I was the tenant I lodged a complaint against the owner and FIR was registered against the owner under above sections and charge sheet was filed. The police put the seal on the rented premise and kept the keys with them as at that time the owner refused to keep the keys.
Now after two years he has filed an application before the same criminal court where trial is going against him and the case has not yet reached the evidence stage to break the seal and handover the keys to him .
The details are below
I was a tenant and have rented 4 rooms from a person . One day when my employee went to my rented office he surprisingly found that the owner broke our locks and applied his own locks and did not allowed to enter us . I immidieately complained to the police but they didn't took any action , due to political pressure from the owner . I filed a writ petition at the high court and after a period of two months the police took action and called the owner for statement he took the plea that he rented only two rooms and that I have myself vacated the said 2 rooms six months before and took away my important documents and belongings but left my furniture and unusable articles and told the owner that ill took them afterwards which was totally false and I presented the rent receipts for the period of those six months and witnesses who used to visit my office for the said period. The police then went to the place and in the presence of me and owner and two Panchs the owner gave the keys of two front rooms which he falsely claimed that he has not rented after opening the rooms my furniture and my firms stickers were also found in these rooms the police took photographs and also mentioned in the Panchnama Then the police asked for the keys of third room as my lock was broken and the owner put his lock I was not having the keys but the owner also refused and the police called a key maker who made the keys and the lock was opened and it was found that the batteries and invertor kept in the room are missing and my files n documents were scattered as someone has tried to search the place . After that the fourth room was opened with the help of keys made by the keymaker as the owner refused to have the keys . My computer printer furniture files and documents were their in the room and the files and documents were scattered . The police photographed and made the list of all the belongings . After that they locked the third and fourth room and offered me and owner to keep the keys but I refused and insisted that all the four rooms were with me and I should if be given the keys I want the keys of all the rooms . The owner also refused the key of the 2 rooms so the police sealed the two rooms and kept the keys with them and the keys of the front two rooms were given back to the owner . The police on my complaint filed the FIR against the owner under sections 341, 448, 454, 45, 380, and 429 of IPC
Now after a period of two years the owner has filed an application that the seal be removed and he be handed the keys of the other two rooms and that my articles handed to me . The question is that I was the tenant and I was paying the rent till the owner broke my lock and took over the forceful possession . Secondly it's I who want the possession of all four rooms and continue the tenancy How can a criminal court decide the possession ? The tenant shall approach the right and proper civil court and challenge my possession and tenancy and shall get appropriate direction from a proper court to vacate the rooms? Please advice me as I want to continue as a tenant .
Sudhir Kumar, Advocate
(Expert) 27 July 2013
vague
how many rooms were rented as per agreement?
which of the two rooms are sealed whether the one which owner claims to have rented out or other two which you claim to have been rented to you but owner refuses to have rented.
Anyway the owner could not prove possession of other rooms as lockssmith was called to open the rooms and your belongings were inside.
THE ACTION OF THE POLICE AS DESCRIBED BY YOU DOES NOT APPEAR TO BE WRONG.
Arunpal
(Querist) 27 July 2013
The rooms which were locked are the rooms the owner admits were rented to me . The possession of the other two rooms which the owner claims were not rented to me was with the owner which he got by breaking my locks but there were my belongings in these rooms also . The agreement was oral .secondly u can't enter the third and fourth room which the owner admits he rented to me if you don't have the possession of first and second room which he claims were not rented .
Please I want to know that the criminal court where he is the accused under above sections can decide his application to direct the police to break the seal and handover the keys to him?
Raj Kumar Makkad
(Expert) 29 July 2013
Such application is not maintainable before the criminal court as he has to go either with Rent Controller or a civil court.
Arunpal
(Querist) 29 July 2013
Can I get some high court judgements ?
Arunpal
(Querist) 01 August 2013
I attended the court today my advocate pleaded that this court has no jurisdiction he als added that its not necessary for the court to pass an order on a application filed by the accused . But the judge said that he will have to pass an order as the application is before the court . My advocate pleaded that first let the trial go on n after that an order can be passed till then keep the application pending but the judge refused . The judge also questioned that under what provision the police sealed the rooms and directed the police to file a say . The judge also said that as I have not paid the rent hence the possession can be handed to the owner . My advocate argued that the accused shall give a notice under proper sections and approch the rent controller for the recovery of rent . My advocate repeatedly argued that this court can't hand over the possession to the owner . My advocate does not highlighted that the accused have forcefully broke my locks n applied his Locks. My advocate also did not highlighted that when the police asked the owner to handover the keys he denied and a locksmith was called to break the lock . I think he did not highlighted because these things are on the record . But the judge is inclined to pass the judgement in favour of the accused.
I hav observed that in other cases the judge is giving a long date but here the judge is giving very short dates . First time I got the notice to appear on 11 July . I appeared on 11 July and asked for the copy of application . I was not supplied but an undertaking was taken from me that ill be present with my advocate does not appeared . On 23 July I filed vakalatnama but my advocate could not appear because he was suffering from viral . I was also provided the copy of the application and told that I shall file the say on 1 August or an exparte order will be passed . Today my advocate filed the say and argued . Now 7 August is the date for the police to file say and final argument .
Please let me know where I stand and what shall be done ?
Are their any high court judgements?
