Sections 341 448 454. 45 380. 429 of IPC
Arunpal
(Querist) 26 July 2013
This query is : Resolved
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 .
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 court and challenge my possession and tenancy and shall get appropriate direction from a court to vacate the rooms?
Please advice me as I want to continue as a tenant .
Arunpal
(Querist) 26 July 2013
can a criminal court decide who shall be given the keys and possession of a rented premises if their is a dispute between the owner and tenant and police has sealed the premises and the keys are with the police ?
Arunpal
(Querist) 26 July 2013
On my complaint FIR under sections 341 448 454 45 380 429 of IPC was registered against the owner of the premises and I was the tenant I have given the details of the case above .
The police completed the investigation and filed the charge sheet before the court
In the same case before the same court the accused has filed an application fir opening of the seal and custody of the rented premises .
R.K Nanda
(Expert) 26 July 2013
consult local lawyer.
Raj Kumar Makkad
(Expert) 29 July 2013
This is your repeated query whereas the earlier has already been duly replied.
