• Trespassing

Dear Sir

We have given an area of 2000 sft for rent to a hospital in 2006 to few doctors. The doctor also bought 10000sft( ten thousand approx) area from our neighbours and started a hospital in the whole building. The business dint take off as expected and they have not been paying us rents for the last 3 years. We have now got to know that they have sub leased our premises without our consent a year back including their own property. When we confronted the new tenant he says he will not pay any rent to us and is only obligated to pay rent to the person who gave him the property on lease and when we asked for position of our property, the new tenant was threatening with some police saying encounter specialist. 

We have filed a case at the city civil court in 2015 and now they are managing to push the case endlessly and are arguing in the court that they dont owe us anything. My lawyer also doesnt seem to take this any seriously. 
We are petrified and are clueless on what to do as even the Police seem to be in their good books.

Pls suggest a way forward. Thanking you in antisipation
Asked 7 years ago in Criminal Law
Religion: Hindu

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10 Answers

1) tenannt cannot sub let premises without the owner consent

2) in addition they have failed to pay you rentals

3) suit for eviction for non payment of rent and sub letting of premises is maintainable

4) judicial process takes time . court would order eviction but it takes time

5) you are at liberty to change your lawyer

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

during pendency of eviction suit the police would intervene as suit is pending in court

2) when matter is sub judice you have to await the results of pending eviction suit

3) you cannot forcibly evict the sub tenant

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

Hi

1) Sub leasing of premises without the consent of owner is illegal.

2) Please refer to judgment of Supreme Court of India dated 12 April 2017 in Anilkumar Dadurao Dhekle vs Rukhiben & Ors , CIVIL APPELLATE JURISDICTION, CIVIL APPEAL NO. 5284 OF 2006 wherein the Supreme court granted orders favouring the landlord on the grounds of sub-letting.

3) You have done the right thing by filing a suit and we presume the suit is either for eviction or payment of rents.

4) Hopefully you have requested for interim directions to the court, asking for deposit of rents in the court till such time the other side is in possession.

5) In general, once the suit is in court, police have no powers to interfere in civil suit.

6) You should file a written complaint with the higher officials like CP or DCP against the occupant and the so called encounter specialist.

7) Ideally you should have a case of trespass prior to the commencement of civil suit. It is a tad late for you to file a criminal trespass against the tenant.

7) But you can file a case against the original tenant and implead in the current tenant on charges of criminal breach of trust (Section 405 in The Indian Penal Code) and trespass also in the complaint even now.

8) Generally proceedings in Civil Court take about 12-18 months. However we can advise on the counsel performance depending on the current stage of your suit in the court.

Hope this helps

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. You have a very good case to win.

2. You should also pray for attachment of the rent paid by the sub tenant and pray for direction upon them to deposit the rent before the Court or with a Bank selected by the Court in an account specially to be opened for the purpose of depositing the said rent, till the case is disposed off.

3. Change the lawyer tactfully if you have lost confidence on him.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Cases for trespassing or any other matter are not filed before the CP or DCP. cases are filed before the Court and CP and DCPs are there to enforce the rule of law to be decided by the Court in disputed matters.

2. No case of trespassing arises here since the new tenant has the sub-tenancy agreement with your tenant.

3. You have already filed the eviction suit which you shall have to pursue now properly.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Please remember that the police has no role to play in the civil case.

Once you have approached civil court for eviction, the police will raise their hands expressing their inability to interfere in the civil matter.

If you find your lawyer is not cooperating or suspect his integrity, then you may immediately change the lawyer and proceed with new lawyer bcause you cannot risk your future through the current lawyer who may not fetch you the desired result or even may spoil the case by colluding with the opposite party..

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

will filling a case for tresspassing to higher rank official like CP or DCP help? what are the options for getting the physical position of the property ?

Now lodging any case with the police may not fetch you any fruit and all your efforts would be wasted if the police turns down your complaint stating that since the matter is pending before civil court, they may not be able to initiate any criminal action on the sub-judice matter.

You have to follow up the matter through civil court only.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1) your case should be that tenant has defaulted in payment of rent and he has failed to pay inspite of legal notice

2) hence eviction suit for non payment of rent

3)you can rely upon correspondence exchanged with the tenant , audio , video recordings to make out a case

4)you should record your phone calls of threat received from builder

5) then file police complaint of criminal intimidation under section 506 of IPC against builder

6)you can raise the issue with media if you so desire

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1. You already have a strong case and you shall have to pursue the case already filed by you. You should file an eviction suit against them for not fulfilling the contractual obligation as mentioned in the lease agreement.

2. No criminal charge stands on the tenant of the sub-tenant. It is a civil case.

3. The said clause certainly protects you and you are entitled to get back possession of your property but the said possession of the property shall have to be taken by you through due process of law. So, file the eviction suit immediately since you have very strong case to win.

4. Collect evidence of such threats by audio/video recording such conversations and then lodge a police complaint for giving you the said threats illegally. If police fails to take any action, you can file a Writ Petition against police inaction praying for relief.

5. Police will not act based on your mere complaint. They shall ask for irrefutable evidence in support of your allegation fort acting upon.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Since the rent has not been paid you have approached court for eviction and also for arrears of rental payment.

If the arbitrator has not been appointed even after the passage of two years, you may withdraw this petition and approach court directly for the relief let them object to this which can be challenged properly.

Criminal charges cannot be maintinable

Yes you can have the possession, but by following due process of law.

If the builder is threatening you then you may lodge a criminal complaint against him

You can say that you will produce evidence at a later stage.

Going to media is your choice, during the pendency of the current case before court.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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