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Jeet (owner )     10 July 2013

Advise on if criminal or civil

In 1969 my late grandfather Mr. T Ghadge subleted a property to Suresh  by signing a agreement for a year. After my Grandfathers death my father Late V Ghadge return the deposit to  Mr. Suresh and asked him to return the possession of the property as per the agreement, but Suresh wasn't willing to surrender the possession of the property. Due to which my father tried to take possession of the property by himself (Force).  Mr. Suresh then went to the City Civil Court and sought an injunction in June 1986. Now on 9th Dec. 2005 the City Civil court held that it does not have the jurisdiction to try this matter and the injunction stand vacate after 20th Jan. 2005. Further the Court asked Mr Suresh to approach the proper court. After this judgement in Dec 2005 my father died in April 2006. Mr Suresh still has illegal possession of the property and has failed to comply with the judgement passed by City Civil Court. All the court proceedings are over. The agreement is breached by Suresh. He got his own electric connection even when it was written in agreement that he wil pay half bill to us .. Kindly advise if a criminal case under 420, 378, breach of agreement can be made out ???   Should i file a writ in HC ???  



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 1 Replies


(Guest)

Criminal cases can be filed under section 415,405,and 420. Writ-petition is a different thing and should not and cannot be applied at this stage in this case.


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