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sunil (prop)     26 June 2015

Criminal case or case of "Civil in Nature"

Is this a Criminal case or a case of  “Civil in Nature”?

Person “Mr A” is a legitimate tenant of a flat in the business district where change of tenancy can fetch lacks of rupees.

Before going for overseas work “Mr A” handover keys to one of his relative and business partner “Mr K” for caretaking of his flat in his absence.  

“Mr K” conspires with the landlord “Mr M” and allows another person “Mr B” to encroach into the flat.

After few days “Mr A” returns and finds “Mr B” encroaching into his rented premises.

“Mr B” take possession / destroys all the belonging of “Mr A” with the help of “Mr K” & “Mr M”

What practical remedies available “Mr A” ?

Please advice.

Thanks

 



Learning

 3 Replies

Dr J C Vashista (Advocate)     26 June 2015

It is both civil as well as criminal in nature. The care-taker has inducted an outsider to take illegal possession of the flat in a criminal conspiracy against the owner without any right, interest, title or claim. It tentamount to criminal breech of trust against the owner.

You have both options and should exercise differently with the advise of a local lawyer.

Advocate Ravinder (Advocate/Attorney)     26 June 2015

You have to file criminal case against K, M and B. You have to file Civil case for recovery of your possession. Hence, this case involves both civil and criminal nature. 

sunil (prop)     30 June 2015

Many Thanks to Dr J C Vashistha and Sri Ravinder P.

Under which sections the cases should be filed?

Rgd

 

 


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