Landlord forcefully evicted me and is holding on to my property
I had been running industry in a rented place. rent agreement is for 10 years. the landlord is a registered society. the society was providing electricity through sub meter. due to dispute between society members one member took illegal control of the society and cut of my power supply and restrained my entry thus stopping my business activity.
it has been more than six months police is not helping in getting me possession. civil suit for injuction filed but no order has been made in last 5 months.
now i want to remove my plant, machinery, stock etc from the rented shed but the person in illegal control of the property is demanding money beyond the scope of the rent agreement and is not allowing me to shift belongings from there.
kindly provide me legal options, specially criminal proceedings that can be initiated against the person in control. also inform me if there is any way i can get immediate injuction from civil court for getting possession of my belongings and moving them out of the premises.
Asked 3 months ago in Property Law from Kanpur, Uttar Pradesh
the landlord cannot forcibly take possession of your plant , machinery and other items
2) make an interim application in suit filed by you in civil suit and obtain court orders to permit you to remove your plant and machinery
3) court would grant you permission to remove your articles
4) you cna file police complaint against landlord under section 406 for criminal breach of trust for refusing to permit you to remove your articles from rented premises
File a criminal case.
A criminal case of criminal misappropriation of property, theft and criminal trespass can very well be filed.
Take proactive action.
It appears your case is not handles with earnest interest so far.
For immediate measures you can file a suit in the civil court and get the interim measure regarding the fact that you may be allowed to remove your belongings from the premises also you can lodge an FIR against the person stating that you are being restraint by illegal means from accessing your property.
Let me know if I can be of any further help.
Thanks and Regards
1. Power supply could not have been disconnected in such an illegal and arbitrary manner. This is actionable through a suit for damages and permanent injunction against it.
2. Since your basic grievance is that the court has not decided your application for temporary injunction the remedy is to move the High Court to seek directions for a speedy trial.
3. A criminal complaint for criminal trespass can also be filed against the landlord.
If police remains a silent spectator to the criminal atrocities done by that person yo may approach the higher police officer or the court with a criminal private complaint seeking its direction to the police to investigate into the mater and register FIR against the culprit for this illegal act.
You may aproach high court also if the lower court results are not satisfactory with a writ petition seeking the desire reliefs.