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Tenant paying guest ipc 452

(Querist) 12 December 2011 This query is : Resolved 
Hello Lawyers,

If a criminal trespass is commited on a tenant/owner residing on rent in a house then the case can be registered under ipc 452.
But for the same can a paying guest be called a person in possession of the house and whether he can claim criminal trespass regarding that.
Recent Andhra pradesh high court ruled in a judgement considering the grounds of the crpc 320 that if the trespassed was done against a person other than a person in possession of the flat it would not be a criminal possession.
Case is pertaining to Mumbai.
I read the Mahrashtra rent control act section 5 which does not include paying guest as a licenscee. I read another article on the net.
On a judgement of Supreme Court it has considered the position of paying guest like a lodger.
So...considering these points can it be deduced that a paying guest is not in possesion of th property and as such ipc 452 cannot be applicanle to criminal trespas against him.
Devajyoti Barman (Expert) 12 December 2011
Please fist furnish the details of the decisions so that we can come to a conclusion as to whether yout interpretation to those decisions are right or wrong.
Mere extract of the same would not do.
V R SHROFF (Expert) 12 December 2011
Paying guest is a Guest, He has no possession of any property. He is allowed to use a portion of a house for consideration. It will not attract 452
Rishab Joshi (Querist) 12 December 2011
Hi,
I hav attach the 1. maharashtra rent control act which in which section 5 defination of licenscee does not include the paying guest 2. decision of the supreme court
3. decision of the andra pradesh high court

Rishab Joshi (Querist) 12 December 2011
mahrashtra rent control act
Rishab Joshi (Querist) 12 December 2011
andra prades high court order
Nadeem Qureshi (Expert) 12 December 2011
Dear Risab
Mr. Sharoff is righly explained
Nadeem Qureshi (Expert) 12 December 2011
Section 452. House-trespass after preparation for hurt, assault or wrongful restraint


Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.



CLASSIFICATION OF OFFENCE



Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.



prabhakar singh (Expert) 12 December 2011
I find Mr. V R SHROFF very right in his opinion even after going through the judgement.
DEFENSE ADVOCATE.-firmaction@g (Expert) 12 December 2011
Both the citations are on entirely different situations and hence can not be compared.

1) The SC says that once the party has accepted his position as a paying guest so thereafter he can not be treated as tenant.
Yes situation would have been different from day one consistant stand of being a tenant should have been taken .

2) The AP HC says entering house of other ( PW-2) to annoy ( PW-1 ) is not trespass.
Guest (Expert) 12 December 2011
Paying guest is merely a guest for shelter and food to be provided by the owner and does not enjoy any right of a person in possession. However, there is a difference between a tenant and a guest, if he has been kept as a tenant, but you may be treating him as a guest.

But, you have not made any hint in your question whom you consider to be a tresspasser with reference to whom.
Rishab Joshi (Querist) 12 December 2011
x beat y after entering in the place of residance of y. police slap on him 323, 452,506. later z owner of the place of residance in chargesheet mentions he has seen x entering into residance and beating y. he mentions y is his paying guest and he is the owner of the residance and y is living as paying guest with him.
Adv.Shine Thomas (Expert) 12 December 2011
Mr.Sharoff is well explained.
Adv.Shine Thomas (Expert) 12 December 2011
Mr.Sharoff is well explined
Shonee Kapoor (Expert) 12 December 2011
I entirely agree with the explaination provided by Mr. Shorff.

Regards,

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


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