Can my rogue tenant be prosecuted for property destruction?
Dear Sirs/ Ma'am
I and my family own property in Nagpur, where we have a tenant who has lease of about 50,000 sq ft of land on which he runs a liquor factory. He has destroyed buildings and standing structures on that landed property which belonged to us, the landlords. The Nagpur Municipal Corporation is aware of that and we complained to police but no action was taken by either party, neither a case filed. The tenant is rich, influential and powerful and in his reckless arrogance and utter disdain for law, he seems to have broken/flouted several laws which may attract several IPC and CrPC sections . He also appears to have encroached on our land and his actions have caused severe stress and harassment to our family especially to my old mother who is an honoured Freedom Fighter's widow. She has also fallen sick due to all this. Question is how do we obtain justice for our family and prosecute this alleged criminal, and what IPC , CrPc sections can be levied for his illegal actions? And in which Court? He seems to have no conscience, fear of law or fear of a higher power (God)
Asked 1 year ago in Criminal Law from United States
In case tenant has violated terms of lease yiu should terminate the lease and call upon lesser to hand over peaceful and vacant possession of the premises
2) in the legal notice mention the standing structures and buildings destroyed by him and call upon him to reimburse you for the losses incurred by you
3) if the lessee refuses to vacate the premises file suit for eviction
4) you can also claim damages for the losses incurred by you
5) you can file complaint of criminal trespass under section 441 of IPC if lesee has encroached on your land
1. Although the tenant is liable to be prosecuted for the offence of causing loss to your property as it is also a criminal wrong, but it is predominantly a civil wrong for which the remedy is to file a suit for compensation against him. This apart, a suit for eviction can also be filed against him for causing damage to the property as a tenant who causes damage to the property is liable to be thrown out on court orders.
2. Furthermore, you are at liberty to file a suit for possession against him to evict him from the properties in which he has committed trespass.
Immediately issue a legal notice for eviction due to urgent need of property or not paying rent from last three months.
If he is not ready to vacate your property within notice period then file a civil suit for eviction before rent controller court and if he do anything wrong against you or your family then file a criminal complaint against him before police or Court under IPC.
Section can not be mentioned without any act, but if he is doing any illegal act then according to his acts sections may be added.
Feel free to call
Advocate, New Delhi
Some people consider themselves more equal in law and will have scarce or no respect to law.
You can do nothing against their might and power, political influence and their henchmen.
You can lodge complaints to police, but unfortunately the police either will turn a blind eye or deaf ear or would be toothless to take any action against him in this regard.
You can file a petition before judicial magistrate court under section 156(3) cr.p.c. seeking direction to police for investigation and proper legal action on the complaint lodged by you in this regard.
Or you can approach high court against the police seeking direction by filing a petition under section 482 cr.p.c.