• Measuring and inspecting our leased land to our tenants

We have leased our land in nagpur, maharashtra, to two tenants since several years. i believe one of the tenants ( a country liquor factory) has destroyed structures on our leased land. he has also encroached a vast part of the land. 
Sirs/ madam, can we get an order from a court for immediate entrance into our own land to measure and inspect whats going on there. our lawyer ( i believe has perhaps incorrectly advised us) to give three weeks notice to tenant that we are coming to measure and inspect our land/ property. but the tenant is a rogue tenant and in these three weeks he will try to cover his crimes and track. is there any provision in law which entitles the landlord to immediately (on tatkal basis) enter our own land to inspect whats going on -- especially when there is suspicion of encroachment and vandalism ( destruction of our buildings ) there. which court or authority should we approach to get an immediate order to inspect and measure our own land
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

If the lease deed prohibits use of the leased land for illegal purposes or carrying out of purposes other than those opposed to law or public purposes, then in such an event you may lodge an F.I.R with the jurisdictional police and seek their help to enter into the premises to avoid further deterioration. In which event issuance of legal notice to the tenant is not required.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Dear sir

1. Get search a injunction under Order 39. R 1& 2 to stop them from wrongful interfering from peaceful possession and enjoyment of the property.

2. If you get this order ex-party then you can take police with you to clear them.

3. Ask commissioner of municipality/corporation to measure land boundaries or you can seek from court itself.

4. You can take search warrant to enter the premises to see any illegal activity is running.

5. Declaration suit to declare yourself as owner of that property.

Need more information and documents to come to right opinion and come to conclusion. Feel free to reach us. We can ensure the vacating.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Section 28 Maharashtra Rent control act provided that the promises.can be inspector on giving notice to the tenant.

In your case if you think your tenant is rouge and can misbehave or can change circumstances then a.application for same can be filed in court and appointment of court commissioner can be asked in the given circstances.to.verify the property condition.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

It is primary right of landlord to have reasonable access and to enter in the property to inspect even if there`s no dispute with the tenant.

Issue notice for immediate inspection of property or through court order evoking local rent act provisions, where property is located.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1)you would need to issue notice to tenant

2) court would pass orders after considering their reply and after hearing oral arguments

3) as lessor you have right to enter your premises after giving short notice of a day and take inspection of your property

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

is the lease agreement still in force?

Does it have provision to enter in case of unlawful usage or any other circumstance warranting landlord's entry into the property?

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

No one can stop you to enter and inspect your own property. You can very well inspect the same. No court order required in such case. If the said property is already in litigation and court has passed any status quo then you require the permission of court.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

Please file a suit for injunction and declaration. Application under order 39 rule 1 and 2 to be filed immediately to get interim stay and not to interfere in your right to inspect the property. Secondly file an application in court seeking appointment of commissioner for measurement of land.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. In the lease agreement itself a clause is ordinarily inserted which states that wherenever the landlord wishes, he can enter in to the leased premises during day time after informing the leasee.

2. Is there are such claose mentioned in your lease agreement?

3. When 3 weeks time is too long a period, you can inform him that you want to enter in to the leased premises with in 24 hours from the time of his receipt of your notice for conducting inspection of status of your premises.

4. If he refuses your entry, you can approach the Court and get an order directing the leasee to allow your entry whenever you so want on receipt of a 24 hours notice hence forth and also directing the police to give you protection while conducting such inspection of your leased premises.

5. You shall have to appoach the local Civil Court.

6. Alternatively, to make a short cut to the solution, you can lodge a police complaint for the leasee's refusing your entryb to your leased premises seeking police help and in case of police failure, file a writ Petition before the High Court against police inaction making the leasee as the private party, praying for an order upon the leasee to allow your entry on receipt of 24 hours notice and polioce to accompany you during all such visits.

7. On receipt of favourable order from the High Court, you can conduct such inspection any tiome you wish to after giving 24 hours notice to the leasee.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Hello,

In which state is the property situated, a lot will depend on the local laws of the State.

For example:

The basic dispute between the landlord and the tenant is now governed by the Maharashtra Rent Control ( 2 ) Act-1999 ("Mah. Rent Act"). The relevant Section is as under:-

"28:-

28:- Inspection of Premises:- The landlord shall be entitled to inspect the premises let or given on licence, at a reasonable time after giving prior notice to the tenant, licensee or occupier."

you may move the application for appointment of Commissioner for proper measurements and inspection of the premises.

Contact a local lawyer of the area where the land is situated.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You as a landlord have full rights to enter into the premises that has been leased out for inspection at anytime with or without giving any prior notice.

This condition would have been incorporated in the leas agreement itself.

The lessee cannot destroy the existing structures which is in violation of the agreed terms of the lease agreement.

Any alteration to the structure renders the lessee to be evicted

Whether the lessee is a rogue or innocent, you cannot be stropped from enforcing your rights as a landlord.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. FIRSTLY & immediately lodge a police complaint, regarding the various offences /violations. This will give a first hand official and legal overview of the condition of the land and the various violations, via a police report.

2. SECONDLY, IF the tenant is a licensed, THEN any "surprise" inspection is not possible and due procedure of law has to be followed. The Landlord can visit his land with a video camera and conduct basic scrutiny of his property, subject to the clauses of the lease agreement.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

How can you expect such a tatkal/immediate relief. Your rights even extinguished if you do not claim the property for more than 12 years on the principle of Adverse Possession. Any way you take assistance of Surveyor/Court Commissioner to get your land surveyed. In Indian Law possession is nine points in law. Try for possession by filing suit for possession of suit for ejectment, which ever applicable. You will succeed. Best of luck.

A very identical case is as follows.

Transfer of Property Act, 1882: Suit for possession-Based on title-Burden of proof-Held: Is on plaintiff to establish that title-Weakness in defence or failure of defendants to establish title set up by them, would not enable plaintiff to a decree. Title is not decided by survey records alone. Code of Civil Procedure, 1908-o.6. r.17 Amendment of plaint-Plaintiff wanted to amend the plaint and supply better particulars-Trial Court ought to have allowed amendment so as to decide dispute in more satisfactory manner. Evidence Act, 1872: Ancient document-Lease deed of year 1875-Plaintiff produced certified copy of lease deed-Trial Court refused to look into the document of title on the ground that no foundation laid for adducing secondary evidence-Held: Not proper. The plaintiff-appellant filed a suit for declaration of joint title with defendant No.10 to 13 and for recovery of possession of suit property against defendants no. 1 to 9. The case of plaintiff was that suit property belonged to a Muslim family and was granted on lease to the predecessor-in-interest of the plaintiff and lease deed was executed in that behalf on 21.7.1875; that the predecessors of the plaintiff had permitted the predecessors of defendants 1 to 9 to occupy a portion of the leasehold property on licence. While in such occupation, defendants 1 to 9 had demolished a structure and were attempting to raise a commercial construction therein; that Defendants 1 to 9 were not entitled to do so and hence the plaintiff was entitled to recover possession on the strength of his title. Defendants 1 to 9 denied the claim of the plaintiff and set up title in themselves. The plaintiff amended the plaint once. He sought to amend the plaint again to pinpoint the disputed property with better particulars. But the trial Court dismissed the application for amendment. In support of his case, the plaintiff produced a number of revenue records and other documents. He did not produce the lease deed dated 21.7.1875. Belatedly, he tried to introduce a certified copy of the lease deed in evidence. The trial Court took the view that no foundation had been laid for adducing secondary evidence since what was sought to be produced was only a certified copy and not the original and hence discarded the lease deed. Taking the view that the other documents relied upon by the plaintiff were not enough to establish the title of the plaintiff, the trial Court dismissed the suit. Defendants 1 to 9 had made a counter claim for relief against the plaintiff in respect of a portion of the property and the trial Court found that the counter claim had not been established. Thus the trial Court dismissed the suit as well as the counter claim. In appeal, plaintiff questioned the refusal to permit him to amend the plaint and supply better particulars and also refusal of the trial Court to admit the certified copy of the lease deed dated 21.7.1985 in evidence. Defendants 1 to 9, though they filed a memorandum of cross objections questioning the dismissal of their counter claim filed before the trial Court, did not press it and gave up their counter claim. Appellate Court dismissed the appeal. Hence the present appeal. For full judgment please view the link:

https://advocatemmmohan.wordpress.com/2011/09/13/transfer-of-property-act-1882-suit-for-possession-based-on-title-burden-of-proof-held-is-on-plaintiff-to-establish-that-title-weakness-in-defence-or-failure-of-defendants-to-establish-title-set-u/

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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