This is a clear case of illegal eviction and unlawful dispossession by the landlord. Even if you had fallen behind on rent, your landlord had no right to take the law into his own hands and forcibly take possession of the premises. Let me explain your legal position and the steps you can take.
1. The landlord’s act is illegal under law
When there is a valid and subsisting lease agreement, the landlord cannot forcibly enter, seize keys, or lock the premises without due legal process. He must obtain possession only through a court decree or eviction order under the Rent Control Act or Civil Procedure Code.
Even if rent is due, the landlord is required to serve a demand notice, give you time to pay, and then file an eviction petition before the Rent Controller or Civil Court. Forcibly locking you out amounts to trespass, criminal intimidation, and illegal possession.
2. Immediate remedies you can pursue
a) Police complaint:
Go to the local police station and file a written complaint stating that your landlord has entered the shop illegally, taken the keys, and locked you out. Mention that your business assets and goods are still inside.
You can cite relevant offences under the Indian Penal Code — Sections 441 (criminal trespass), 442 (house trespass), 379 (theft, if any items are missing), and 506 (criminal intimidation, if threats were made).
Request the police to intervene immediately, open the lock, and restore your possession.
If police refuse to register an FIR, submit a written complaint to the Superintendent of Police under Section 154(3) CrPC or move a private complaint before the Magistrate under Section 200 CrPC.
b) Civil action for restoration of possession:
You can simultaneously file a civil suit for mandatory injunction and restoration of possession in the Civil Court. The reliefs sought can include:
-
Immediate restoration of possession of the shop.
-
Restraining the landlord from interfering with your peaceful possession.
-
Compensation for business losses and mental harassment.
The court can grant interim relief under Order 39 Rules 1 and 2 CPC, directing the landlord to open the lock and restore possession pending final decision.
c) Application before Rent Controller (if property falls under Rent Act):
If the premises are governed by the local Rent Control Act (e.g., Maharashtra Rent Control Act, 1999), you can file a complaint for unlawful eviction and seek restoration. Under Section 24 of the Act, any landlord who evicts a tenant without following due process is liable to criminal prosecution.
3. Documents and evidence you should gather immediately
-
Copy of your registered lease agreement.
-
Proof of rent payments (bank transfers, receipts, statements).
-
Proof of the Rs.10 lakh advance and how it was adjusted.
-
Photographs or videos showing the landlord’s lock or closure of the premises.
-
Witness statements from staff or neighbors confirming that the landlord entered and took the keys.
These will be crucial both for the police complaint and for the civil court case.
4. Additional legal options
If the police are reluctant to intervene, you can send a legal notice through an advocate demanding that the landlord open the shop immediately and allow you to resume possession, failing which you will initiate criminal and civil action.
If the goods inside the shop are perishable or of high value, you can file an urgent application in court seeking interim custody or inventory protection.
5. Important legal principles supporting your case
The law recognizes possession of a tenant as a protected possession. Even if the tenancy is terminated, the landlord cannot forcibly evict the tenant without a decree of possession from a competent court. Any such act is illegal and punishable.
The Supreme Court and various High Courts have repeatedly held that “self-help eviction” by a landlord is impermissible in law.
In summary:
-
The landlord’s act is illegal.
-
File an immediate police complaint for trespass and unlawful possession.
-
File a civil suit for injunction and restoration of possession.
-
Collect all your proof of tenancy and payments.
-
Do not break the lock yourself — act strictly through legal process so that you remain in the right.