Landlord broke open my Shops & slove all my materials&record

K.Hemachandran (Querist) 22 March 2010 This query is : Resolved
I was a statutory tenant. Myself my landlord had some disputes. I sent him a Advocate notice in the 2009, March. He replied through his Advocate. And he threatened me after one month and could not allow me to open my shop. He disconnected the Electricity power of my Shop. Immediately I Complaint to the Police. They had not taken any action on my complaint. I stopped paying Rent. Every alternate month paying Electricity bills. last I paid in the month of December, 2009. By February 16th, the landlord broke open the locks and stole all my materials & documents. I complaint to Police station. But till no progress. Landlord is doing the building repair work and planning to give of rent to third parties. Please guide me, how I handle this. I am physically challenged person. Please help me. Thanks, KHChand.

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adv. rajeev ( rajoo ) (Expert) 22 March 2010
Whether have you filed any injunction suit against the owner? If not then no way to you.
you have said you have filed a complaint in the police station but no action against the owner by the police, so you file a private complaint in the court.
If you are still in the possession of the shop then immediately file an injunction suit by consulting the local lawyers.

Parveen Kr. Aggarwal (Expert) 22 March 2010
It is settled law of the land that any person who is in possession of an immovable property, cannot be dispossessed forcibly. In your case, you are authorised occupant of the shop as tenant and as such have right to retain your possession as tenant till any court of law passes decree of possession or eviction against you.

It appears that your landlord admitted your tenancy and possession while replying your notice through his counsel. If it is established by you on record that you have been forcefully dispossessed, you can recover the possession of the shop either under section 6 of the Specific Relief Act, 1963 or under the provisions of the Rent Act, if applicable.

You can also file a criminal complaint against the landlord and others for forceful dispossession.