Tenant dispossessed illegally

Querist : Anonymous (Querist) 20 November 2011 This query is : Resolved
landlord illegally took out the furniture and articles from the shop of his tenant during night time, but the police refused to lodge the complaint against the L.L.and the tenant give a written complaint of theft against the unknown persons . however thereafter the L.L. restrained the tenant from opening his shop and entering into the shop. Even thereafter police did not register any proper complaint against the L.L. and only filed a bailable case against them and gave the l.l. bail from police station only. Now the L.L. is moving from pillar to post to restore his possession. The L.L. has seemingly by managing the police ousted the tenant from the premises.Now the articles belonging to the tenant also lying at the police station and police claims to have recovered the same as lawaris'., but is avoiding to give the list and the notice of the same to the tenant The Tenant now wants to file private complaint against the landlord. and wants to claim his articles and furniture and also of restoration of possession of premises together with
theft and trespass charges against the L.L. Is such case tenable? Is there any other alternate remedy under criminal law or Maharashtra Rent Control Act for such unlawful dispossession?
Can I claim information from the police under the RTI as to i) what action taken against the L.L. on our repeated complaints? ii) what are the articles (list) recovered by the police belonging to the tenant and how and on whose information. Kindly Help.

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Devajyoti Barman (Expert) 21 November 2011
Yes those charges are very much maintainable.
Since the police is not doing much you can either move the High Court under Writ Jurisdiction to obtain necessary direction upon the Police or file a petition u/s 156(3)CRPC for the same reliefs.

I believe you did not take help of advocate otherwise you could have done these long before.

Shailesh Kr. Shah (Expert) 21 November 2011
I am completely agree on opinion expressed by Mr.Devajyoti Barman.

K S GOSWAMI, Advocate (Expert) 21 November 2011
Now in view of the Hon'be Supreme Court's Judgement, No writ petition is maintainable but only complaint case before the court of magistrate is maintainable, so you may approach Magistrate's Court for seeking remedy by filing complaint case after complying with the requirements of Sec. 154 Cr.P.C.

H. S. Thukral (Expert) 21 November 2011
You can also file a petition under section 6 of Specific Relief Act for restoration of possession beside criminal complaint. You can also file a private complaint before the Magistrate in addition to Police Complaint.

prabhakar singh (Expert) 21 November 2011
yes, i do agree experts query reply

Rajeev Kumar (Expert) 21 November 2011
I do agree with expert query reply

Advocate. Arunagiri (Expert) 21 November 2011
I agree with Mr.Harbajan.

Even though the supreme court says not to entertain the direction to police to register a case, the HCs are issuing directions to the police to register the case. Because the law is not preventing the HC.

Many of the supreme court orders are in favour the High court's direction.

Devajyoti Barman (Expert) 21 November 2011
Yes that is the problem with the higher courts.

Raj Kumar Makkad (Expert) 21 November 2011
I completely agree with Harbhajan Singh Thukral and in addition to it want to add that tenant has also a legal right to not only retain his possession but also acquire illegally lost possession against landlord. So a petition before Rent Controller should be moved.

Shonee Kapoor (Expert) 22 November 2011
Agreed with experts. Multi-pronged strategy has to be used.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Tenant dispossessed illegally

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