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Breaking lock of disputed property is considered as crime
30-Apr-2023 (In Property Law)
We hv claimed possession of a shop in City Civil suit as plaintiff n got court's ad interim order that we may not be dispossesed of the same by defendants, the actual owner of shop who earlier had got the shop possession legally by Small Causes Court decree thro bailiff, 4 years back. The shop has defendant's locks since then. With int. order in our favour, can we break the locks and put ours legally? Or since the case is sub judice, we have to break the locks ( claimng they are ours) in presence of local police and witness only? If our breaking in is recorded, does it become crime u/s 452?
Dear Sir, What I can gather from your query is that the Court has passed an order directing the defendant not to dispose of the property under his lawful possession, however the court has not decided upon the title of the property, hence you have no titleand interim order has in manner taken away the title from the defendant in the said property. The court has only restricted the defendant not to act adversely. However, kindly share the copy of the order to advice you better.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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