• Building trustee locked the terrace

i have a room in terrace at fifth floor of a trust building and paying rent of the room regularly
but neither staying nor given on rent
suddenly the trustee of the building has locked the terrace main gate saying some illegal activities going on in terrace as some empty beer bottles were found 

as i stay at borivali at present and my room is south mumbai, trustee say when u will come to stay i ll give u the keys and in the time between 10.00am to 6.00pm only

on the paper the room is commercial

so please giude me what can i do legally

and what can trustee do legally if i break the lock
Asked 4 years ago in Property Law from Mumbai, Maharashtra
1. The trustee can not take law in their hands.
2. It is an extra-judicial measure for which legal action can be taken against them.
3. However to be on the lighter side, you better file a civil suit for declaration and injunction so that your user and enjoyment of the property can not be impaired.
Devajyoti Barman
Advocate, Kolkata
13146 Answers
175 Consultations

5.0 on 5.0

1)if you have taken premises on rent for commercial purposes you should not  keep it locked .

2) start using premises regularly failing which landlord may file suit for eviction against you . 

3) it does not make sense to antagonise landlord . 

4) arrive at an amicable settlement . since landlord is willing to give you keys during office timings .
Ajay Sethi
Advocate, Mumbai
46777 Answers
2768 Consultations

5.0 on 5.0

1. The Trustee is not police to enforce law,

2. If some illegal activity has been found there, the matter should be reported to police,

3. Moreover, the said activities shall have to be clearly mentioned as illegal in IPC,

4. Drinking bear in own room is not illegal, even if the room has been taken on commertiasl purpose,

5. The trustee has taken the role of moral police,

6. You can take him to Court & get the relief but it may be a messy matter since he may also come out with evidence of objectionable activities in the said room which you may not know, since the key of the room was also with some other person,

7. Settle the matter with him amicably in your interest.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

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