Some legal query regarding rent.
Querist :
Anonymous
(Querist) 14 August 2020
This query is : Resolved
Hello Sir/mam,
I have to give one property on rent.
I have some legal queries.
1) If any Tenant do illegal possession by Force (KABJA), Then can the owner of the property file the complaint in police and take help of police to make them vacate the Land without going to court?
or
2) If KABJA Happens on property then owner can only move to court and fight a case wjich takes many years and cannot go to police.
Which one is true, 1 or 2 point?
Please clarify?
Dr J C Vashista
(Expert) 15 August 2020
Role of the police is to maintain law and order in its area/ jurisdiction but not to recover KABJA from a tenant.
Dr J C Vashista
(Expert) 15 August 2020
You will have to file a suit / petition for eviction of the tenant as per law governing the tenancy in the appropriate Court of jurisdiction through a local prudent lawyer.
Isaac Gabriel
(Expert) 15 August 2020
If any agreement stipulating conditions, consult local lawyer and filr RCOP
K Rajasekharan
(Expert) 16 August 2020
If the person occupying the house is a tenant you will have to approach a rent control court, file an eviction petition and evict the person.
But if the person has not been a tenant and he illegally occupies the house it is a case of criminal house trespass. In such a case you can approach the police and they can in turn take a case to remove the illegal trespass.
The principle here is that in civil cases police cannot take action, but only a civil court is competent to proceed with action.
In criminal cases, if it is a cognisable case, the police can take action directly but in non-cognisable cases a criminal court alone is empowered to take action.
P. Venu
(Expert) 16 August 2020
Yes, the police have no jurisdiction on rent matters. Eviction of a tenant is possible through due process of law.
Rajendra K Goyal
(Expert) 16 August 2020
You said:
1) If any Tenant do illegal possession by Force (KABJA), Then can the owner of the property file the complaint in police and take help of police to make them vacate the Land without going to court? or
You said:
If the property is given on lease duly registered, with well defined terms and heavy penalty clause in the form of panel lease rent if stay beyond lease period, chances of KABZA are less.
Legally, in absence of court orders, Police has no role to get the KABZA removed.
Rajendra K Goyal
(Expert) 16 August 2020
You said:
2) If KABJA Happens on property then owner can only move to court and fight a case wjich takes many years and cannot go to police.
You said:
Case for vacating the premises has to be filed in the court and obtain appropriate orders.
