Vikram Singh (Self) 03 May 2015

Disputed tenant house captured with violation of injunction

Dear Sir/Madam

I need your opinion/professional consultancy in subject to a tenanacy dispute in Kolkata. I'm trying to provide all the detail so please bear with me for the lengthy post.

My widowed and childless aunt (senior citizen) has been living in a very good locality in Kolkata for above 35 yrs as a tenant and there is no tenancy agreement for the same. The original tenant for the house was my aunt's late father-in-law, who had two sons with one occpying the ground floor and my aunt and uncle living in the mezanine floor. Now all was well till my aunt's father-in-law was alive but after his death in early 80's the tenancy was still in place but somewhere during the time period my aunt's brother-in-law colluded with one of the owner (the said property is jointly owned by two brothers) and got the rent bill name transfered to his name. When this was known to my aunt and uncle they protested but was falsely made to believe nothing was wrong in it and being naive they believed it too.

Later in 2006 by uncle passed away and from then onwards my childless aunt has been living alone in the mezzanine floor and her brother-in-law and her wife started hurling abuses to her and made the use of common toilet very troublesome. She being alone was scared of the situation and started partially living with me and coccasioanlly visiting her place.

During this period we were made aware that her brother-in-law is planning to forcefully break into her mezzanine floor and seek possession. So we took the matter to a lawyer and we filled an injunction on the said premise making her brother-in-law and one of the owner as defendent.

Now today morning we have come to know that her brother-in-law has made a set of duplicate keys and entered the mezzanine floor with the injunction still in place. We then went to police and gave a GD but they refused to interfere any further and said they will be following the court's order which I do understand too. So please guide me what should be done to have them severly punished now.

Thanks in advance.

Regards

Vikram

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6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 03 May 2015

Sir,

I mean how can the police say that they will go by the court order, write to the senior officers that despite the court's order they entered into our house as it amounts to contmept of court order and at the same time it amounted to criminal trespass and criminal house breaking .

Warm Regards

Kapil Chandna Adv

9899011450

1 Like

Vikram Singh (Self) 03 May 2015

Thanks for the reply, but the police said that the court order does not ask for eviction and if we get such an order they will act. Second regarding the tresspassing we are of the same view to press legal charges to the maximum but the police agin said they are co-tenant so they will restrain from interfering in it unless there is a court order. So please guide what charges to be pressed and what should be our next course of stern action.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 04 May 2015

Sir,

No matter what even a co-tenant cannot enter into the house like this. Its soemthing apprehensive for future so write a complaint to the police to lodge a complaint .

Warm Regards

Kapil Chandna Adv

9899011450

(Guest)

ridiculous on the police part..wonder if they even understand what a injunction here is in this case.

the injunction order is to prevent them from entering.,

Dr J C Vashista (Advocate) 04 May 2015

Move to the court through your lawyer for initiation of contempt proceeding against the defendant (who broke open the lock). Police cannot take any action since it is a case beyond their jurisdiction/ responsiblity.

T. Kalaiselvan, Advocate (Advocate) 06 May 2015

It is clear case of criminal trespass and invasion of privacy of the lady resident. If the local police are not cooperating, the matter can be taken up with the higher police oficial for relief, even then if there is no relief, the matter can be taken up with the judicial magistrate on a private complaint. This criminal offence has no bearing with the pending civil suit. Consult your lawyer and proceed as per his further advise.