police has no business to hand over keys to tenant
2) you should have taken possession of property through court in execution proceedings
3) take out execution proceedings against tenant to obtain possession of house
Possession of abandoned property
1. I own a property and tenant stopped paying rents. Case of eviction was filed against him and after fighting in court for 5 long years, judgement came in our favor asking to vacate and pay the rents. 2. EP was file in court by us and notices were served to him and he requested for time period to respond to it. 3. Meanwhile, we learnt form our apartment complex neighbors, watchman and Home owners association that he bought his own house, vacated my flat about 1.5 years back, stopped paying maintenance fee and taxes and handed the keys to the watchman. So, immediately we took the possession of it along with videos & proofs that the house is abandoned from 1.5 years. Submitted this in court and withdrew our EP.. 4. He came to our house, started creating nuisance and told he will make sure to push us out as he has contacts with many higher officials in Police station. So, police complaint was filed by us that he is doing all these nuisance 5. But Police came after sometime along with tenant, snatched the keys from us and handed it over to thim. My questions now? - Does the Police have authority to do this? - Did we do anythign wrong?? by taking possession of abandoned property that too after we got the judgement in our favor. - what is legal and illegal here? And what needs to be done by us now?
Asked 6 years ago in Property Law
Religion: Hindu
18 Answers
Police does not have any authority to meddle in this issue. Also, the decree of the court is in your favour ,so the action of the police of handing over your keys to him without your permission is illegal.
But, you shouldn't have taken possession on your own. The court appoints a receiver to take possession of the property and cannot be done by the party in person.
You should file a contempt of court petition as the tenant is not following the order of the court as per the decree, which amounts to wilful disobedience.
File contempt agasint police and him. This act is violation of court order and involvement of polcie even after court order is abuse of power and disobedience of court order.
File contempt in court.
1. Police's action is completely illegal and without any jurisdiction
2. immediately file a Criminal Writ Petition in High Court making the Police and this tenant as party respondents
3. seek compensation from Police and tenant for depriving you of your property
4. you will have to invoke Writ of Prohibition or Certiorari under Article 226 of the Constitution and seek appropriate directions to the Police
Hi
Going by the contents of your post, it is clear that, you furnished the relevant evidence to the court and taken possession of the premises.
Going by the same, if the court gave finding to that effect while disposing off your EP then under said circumstances, Police will not have any authority / role to play, unless they are acting on directions from any competent Court.
You have not done anything wrong.
Immediately lodge a complaint against the acts of the erring officials and take it forward from there.
If you can afford try to video shoot, take photos and have maximum possible material proofs.
Subject to your convenience, take the matter to the highest possible police authority about your problem and that, you have acknowledgement / material proofs of whatever you do.
Good Luck
Hi
Police cannot interfere in civil disputes and as such police cannot come and forcibly take the keys from you and more so when you also have a civil court judgment in your favour. So you need to do the following:
1) file the execution petition again in executing court( you can file execution petition any number of times within 12 years).
2) check whether any appeal is filed by tenant in appellate court and if no appeal is filed, file a caveat.
3) file a writ against police at high court immediately and ask court to issue directions to police to handover keys to you.
You did not do anything wrong but however things would have been better if you had asked the executing court to appoint advocate commissioner and obtained the keys (watchman to advocate ,commissioner to court , court to you through EP
Hope this helps
1. No police has not authrority to snatch from you.
2. See you should taken with order of the court. You should not have forced entry in by taking keys.
3. You have to file EP agaisnt to get order executed.
1.. I am not sure why and how you withdrew the EP when you did nt get back the possession.
2. The police had no authority to snatch the key from you and you also did mistake by handing over the key. i wonder why you did not consult with your advocate while doing so.
3. Now without any delay lodge complaint with local police station against the Police officials and then file writ petition against police atrocity.
4. You need to file fresh case as well.
1. No
2.No you can take possession just don't leave it now.
3. You should have continued your EP and made him pay the mesne profits and compensation
police cannot interfere in any civil dispute, including that over property, unless ordered by a competent court..
File Writ petition against police in high court.
1. Firsrt of all the property was n ot abandoned. Your argument should be that it was vacated and the key was handed over to the watchman with an instruction to hand it over to you which he had done. owever, the police has no authority to apply force on you in a civil matter and snatch the keys from you to handover the same to that person. Lodge a police complaint abaout the said poklicemane and the tenant by sending the complaint by post and then file a writ petition against police inaction m aking that person also a party praying for an order upon the police to register FIR, investigate and act based on your said complaint and arrange to return the keys if found necessary as per law.
2. Your consideringf the propery as abandoned is wrong. Even abandoned property can not be taken possession of unless brought to the notice of the Court and direction is taken from tyhe Court to appoint a received to break open the lock or collect the lock from the watchman and then handover the same to you. You shall have to lodge the said police complainbt and file W.P. as advised above arguing that the tenant had handedover the possession of the property to you through the watchman.
The police cannot do this especially when the court has passed an order to vacate the premises and you have taken possession on the basis of the court order.
You can lodge a criminal complaint against the said police with the judicial magistrate court under section 156(3) cr.p.c. or file a petition before high court seeking direction to police to return the possession of the premises o you by vacating the tenant or even you may approach state human rights commission against the police for this atrocious acts against you.
Dear
You should make complaint to SP of your area with order from court and also file another execution petition in court with permission that previous petition was withdrawn because the possession was take as house was vacated 1.5 years ago
You should have waited for execution proceeding and submitted the videos of vacated house in court.
also file a complaint case against tenant and police officials For illegal trespass in you house criminal intimidation and threatening.
My parents met with the senior Police Officers. We were told by the Police officials that - Police had to get into this issue based on our complaint that the tenant is creating a nuisance. - They told us that what we did is illegal. Though the house is vacant form the past 1.5 years, it is still in his possession and we were the intruders by entering without Police protection it seems. - They told us, file the EP again and go through the court to get the house. Looks like our lawyer misguided by taking these steps and withdrawing the EP. :-( But we were the ones at loss now. We would have easily got the property if we have waited just for a few more days. Really don't know about the rules of law & order in India. we are just acting according to what our lawyer says. Anyways, we are filing our EP again and go through teh correct process. Now, My questions based on the feedback of all the respected lawyers here are... 1. so, Does Police have to determine that we need to go through the EP and otherwise, we don't have the right to take the apartment? Are they legally allowed to take this action even if it is based on our complaint that they had to come there? 2. The whole apartment people and the watchman were telling the police who came to the flats that this tenant doesn't live there anymore from the past 1.5 years and didn't even pay the maintenance fee. Even then, they told that it is up to him to pay the maintenance fee or not. Apartment shud still be in his possession legally and we are not supposed to take it and handed him the keys by taking it away from my parents. Did this action of Police legal and correct procedure? 3. We don't want to do anything illegal here. Strictly wanted to abide by the law. We waited for 6 years and now, After all, it's a matter of a few more weeks. But, just asking an opinion? Can a tenant still legally have possession of my house even though he didn't pay the maintenance fee so long?
Asked 6 years ago
1) you had obtained eviction orders from court
2) as mentioned herein above you should obtained possession through execution proceedings
3) police have advised you correctly not to take law into your hands
4) even if tenant did not pay maintenance charges you could not take forcible possession
5) tenant would still have possession
1. See police will not determine you have to file application again.
2. Police has handed over the possession back to rightful possessor so there action cannot be termed illegal per se.
3. Yes he is in possession society can take steps to recover maintenance but he is in possession of the flat.
1. They do not have any authority to meddle in a property matter, but what they said was probably correct as the execution petition should not have been withdrawn. It's better you get the order of the court and get a a receiver appointed by the court to take possession of the property which is the correct way as per law.
2.No
3. Yes. maintenance fee payment is has nothing to do with the possession of the property. if he has not paid the maintenance fee, the society can file a recovery suit against him but that does not give you the right to break the law by taking it into your own hands.
Actually if he has handed over the keys to caretaker you could have filed police complaint and done panchnama and entered the house.
Withdrawal of EP was wrong now file it again and get execution.
1. Since this is a civil matter and already the case is pending before court, the police may not entertain the complaint from your side in this regard until and unless they receive a direction from court in an order passed in the EP in this connection.
2. Yes the police is right in their action to not take any action on your complaint for the reasons stated in the above answer.
3. Can he have possession or not has already been decided by court, then where is the question of he holding possession, but you may have to initiate legal process to take possession