Need help to understand of ipc145
BR
(Querist) 10 July 2012
This query is : Resolved
Hi,
We have a property which we gave on a lease to an oil company. According to lease after 30 years the lease would be renewed with the same criteria. But after completion of 30 years, the company was trying to change the original lease deed and we never signed it. Meanwhile they were trying to operate their business in our property without the renewed lease. We have a civil suit against them and parallely we got IPC 145 on our land. So legally, they are not allow to enter our land. BUT, nowadays in our physical absence they have started to change the structure of the land and make alterations to the construction there. Can you please help me to understand what is the legal way to stop their this kind of criminal activity?
Thanks
BR
ashutosh mishra
(Expert) 10 July 2012
Hey!
you seem to be confused about section 145 Ipc
which has nothing to do with your facts.
Even 145 Cr.P.C which covers dispute as to possession of any property likely to cause breach of peace would not help you because a lessee once inducted can be evicted only by process of law when he does not give up possession on expiry and non renewal of a fixed term lease.
However you may seek injunction against him
in civil court besides seeking eviction decree and damages for unauthorized occupation.
