Interference of police in tenant eviction
Respected Sir/Madam, My grandfather had given a room to a tenant 30-35 years ago in our building. My Grandfather has died and the property is in the hands of my father (alive). Before 10-15 years, the said tenant also died and he has one wife, 2 sons, and 2 daughters. 2 sons are there in foreign countries for their jobs and daughters are happily married and living with their husband. One of the daughter is Doctor. 10-12 years ago the family had purchased a new flat and shifted in their new flat and they have locked and blocked our room. They never paid rent at the time, they sometimes pay rent after 6 months and etc. Now, 6 months have passed and she has not paid the rent. They have made some documents of address proof without any NOC made by us. They do not need our premises but they have blocked it. Hence, we want their eviction. Judicial Procedure is very long, so one idea came into my mind that... If we will break the lock of said tenant and throw their utensils then they cannot file house trespassing because we are the Dominant Owner of the said premises as per Indian Easement Act. But if police will come and ask us about the situation, we will make two witnesses that they have returned possession on their own before one month. Further, as per a judgement of Madras High Court, police cannot interfere in Landlord-Tenant cases. And we are assured that they will not go for court. Please Guide me and answer that can police interfere???
As a matter of fact, you correctly pointed out the latest judgement by the Hon’ble court of Madras – which says that the issue at hand is purely of a civil nature. Thereby, restricting the police to not interfere in the dispute between a landlord and a tenant, especially when specific laws to that effect are already enacted. Now when you say, “If we will break the lock of said tenant and throw their utensils then they cannot file house trespassing because we are the Dominant Owner of the said premises as per Indian Easement Act” then the whole situation starts turning into one of a non-civil nature and gets converted into one of a criminal nature. Which by default gives the tenant a right to file a complaint before the rent controlling authority (Collector Office) and simultaneously get an F.I.R. registered in your name in the nearest police station. Doing all this, not only makes his/her case stronger but also makes it more difficult for you to get your premises vacated from their occupance.
Therefore, a simple and straight forward solution to the problem at hand would be to approach the Rent controlling Authority of your area or file a civil suit for Eviction of the tenant in the proper court of law.
The existing situation may be understood clearly in the light of the concept of Holding Over i.e. where the tenant continues to remain in possession of the leased property after the lease expires or terminates
Further saying, had it been as simple as throwing the utensils of the tenant and taking the premises in your possession then every other landlord would have been doing the same. And you would have n number of examples to follow.
Thus, our suggestion to you would be, to not to get involved in such malpractices and strengthen your legal ground by following the legal procedure. It might take time but would help to get you a clear title over the property without any encumbrances whatsoever. The concerned law pertaining to the problem at hand would be the Local Rent laws or the Kiraydari Adhiniyams which vary from state to state, there is no one specific law that applies to all.
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