Can i re-enter into my shop?
Sarita
(Querist) 03 March 2015
This query is : Resolved
Dear Sir/ Ma’m,
My shop in Raigarh (Maharashtra) is on Leave & license basis with Registered agreement. The licensee defaulted on payment and so, I, as per agreement, issued notice but the payment is still pending. My L & L Agreement terms specify that if Licensee fails to rectify default, I can lock the shop. The term also says that I, after notice, can re-enter into the shop, sell the asset inside to recover my dues. Since I followed all procedures as per registered L &L agreement, will there be any case of criminal trespassing, if I act as per the agreement and re-enter into my shop (after breaking the licensee lock)? Thank you in advance for your prompt guidance.
Devajyoti Barman
(Expert) 03 March 2015
Even if there is such clause do not do this as it would amount to breaking open other;s property as a result of which you have be liable for theft and burglary.
Rather send him a notice and then file an eviction notice.
P. Venu
(Expert) 04 March 2015
No conditions in agreement have overriding effect over the Law of the Land and repugnant to Public Policy.
Rajendra K Goyal
(Expert) 04 March 2015
Move to court for eviction orders and the payment of pending rents. You should not lock the premises to avoid complications.
R.K Nanda
(Expert) 04 March 2015
agree with experts.
Sarita
(Querist) 04 March 2015
Thank you experts for your time & kind guidance. One small clarity is requested. The shop is empty except one chair, one AC. No one works there. I have put lock and have issued notice that I will enter into my shop after two weeks in case there is no response. Unfortunately, if that happens, what would be the most serious charges against me, criminal trespassing or theft/ burglary? Are they offences bailable? Thank you in advance for answering my last query on the topic.
T. Kalaiselvan, Advocate
(Expert) 07 March 2015
These are offences of criminal trespass, theft and burglary which are non bailable offences, think and act wisely.
