• Tenant eviction and trespass

Case of Eviction on grounds of nonpayment is under trial in lower court since 1965. Meanwhile,the son of defendant (tenant) with the tenant trespass two rooms which were not admitted in the tenancy.
Plaintiff file a suit in year 1979 for eviction on grounds of nuisance and this trespass against the tenant.
The plaintiff told that he had not trespass and he does not know if is son has done this trespass. His son is loafer and is not in his control.
The suit was rejected on date 08.09.1986 that the defendant (tenant) is innocent and he is not liable for the acts of his son.
The tenant died and now his widow and the son and his family lives in the house and their name is added as defendant  in the case of 1965.

Can, any fresh suit of trespassed property/ whole property can be filed. Or the matter is time barred or any other legal opinion on this issue.
Asked 2 years ago in Civil Law from Jodhpur, Rajasthan
1. Yoou should have lodged a police complaint for the said trespass against whoever had trespassed into your rooms,

2. Now it is too late to refer to earlier trespass,

3. Lodge a fresh trespass complaint showing it as a fresh treaspass and file a fres trespass case against the son of the tenant showing/stating that earlier illegal occupation was returned by them and this time it is fresh trespass,

4. Talk to your lawyer and chalk out a concrete and fullproof litigation plan to win the case.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
To answer your query about filing of any new case,all the case papers are required to be examined. You have not mentioned when his son and widow came into possession of the same.Prima facie, their presence in the premises may be termed as licencee, depending upon what stand you have taken in the suit and what defence they have put therein, licence can be terminated and suit for eviction and possession with mesne profit may be filed subject to law of limitation.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1)your earlier case of trespass has been rejected in 1996 on grounds that tenant is not responsible for acts of his son . no appeal has been filed and said order has attained finality. 

2)on death of tenant his wife and son have been added as party in suit filed for eviction of tenant . 

3) unless and until fresh incidents of trespass have occured it would be difficult for you to make  out a case .
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
Dear client,

1.  Any fresh suit of trespassed property/ whole property cannot  be filed at present as it is time barred by limitation act.

2.File amendment application under order 6 rule 17 of cpc read with section 151 of cpc in the pending eviction case stating therein to  include trespassed property in the full tenanted property because you have already added the widow and son of dead tenant as defendants in said eviction case and pray for eviction of present tenants from whole of tenanted property.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Inherit or succession tenancy may be consider few years,landlord can file a Revision Petition under article 227 of the Indian Constitution in High Court for expedite the suit and speedy disposal of the suit which is pending long time before the lower court.
Article 227 in The Constitution Of India 
"Power of superintendence over all courts by the High Court
 Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction"
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
Lodge a police complaint for the same and file an eviction case against tenants
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi,you have to file suit for eviction against widow and son.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Instead of filing a fresh case the plaintiff should have gone in for an appeal in the higher court against the order of the lower court dismissing his case. No appeal was filed by him. Fresh case for the earlier incident of trespass cannot be filed now. 

2. The only legal recourse open to remedy the trespass is to file a police complaint for trespass and then file a fresh case for trespass in respect of a new occurrence of trespass within the limitation period as from the date of trespass. This being said, proving trespass is never easy as specific evidence would have to be led. 

3. Pendency of eviction suit in the trial court since 1965 is very unusual. Discuss the issue with your lawyer and let him chalk out a legal strategy which will subserve your interests.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
file a fresh Civil Suit for eviction under rent control act based on the  bonafide need.can not file a criminal trespass case  or any other criminal case against them only for this ground which is mentioned above.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
you can file an application under the act of rent control act, since the act is available to be avail than no other remedy should be availed. As the matter is related to rented premises and the dispute is in between tenant and land lord, than only rent control tribunal is the place whose before you can file an application for eviction on the ground of non payment or necessary need indeed. 
Other option may led you to futile exercise and can harass financially too.

Hence contact to best advocate of your area and file the application asap.
Mahesh Vyas
Advocate, Bikaner
21 Answers
0 Consultations
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