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Gautam (software)     06 July 2012

Criminal proceedings against tenant not paying rent

In Pune, Maharashtra , is it possible to try a tenant not paying rent under Criminal law?



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 7 Replies

Kiran Kumar (Lawyer)     06 July 2012

no

 

its a civil dispute....file the recovery or eviction proceedings, as advised by local lawyer.

Gautam (software)     06 July 2012

Why can't it come under tresspassing of private property?

Sudhir Kumar, Advocate (Advocate)     08 July 2012

Had it been possible then all landlords would have done. It is not a tresspass. You are at receiving end.

MANI RAM SHARMA (Advocate)     29 August 2012

Continuance of occupancy after termination of tenancy is an offence in UP as per amneded section 441 IPC.

Sudhir Kumar, Advocate (Advocate)     29 August 2012

But his property is in maharashtra. Whether any similar amendmentis there in Maharashtra so that he could benefit

MANI RAM SHARMA (Advocate)     29 August 2012

Not to comply with terms of tenancy and continuing occupancy is certainly illegal trespass even in absence of any express legal provision because the occupancy is not legal, It is matter of interpretation for those who act. Even in 1985-86 when section 138 of NI Act was enacetd , the police in UP used to book the drwaers of cheque under section 120 IPC. There must be an honest intention of the enforcing agency rather than to foil an attempt to justice.


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