652+ Lawyers are online 
How to regain possession of property
27-May-2023 (In Civil Law)
We have taken a property(commercial) on lease from one person. We paid 4 lakhs as advance and agreed to pay 17100 as rent. Agreement is only for 11 months.now 11 months over ... But our advance was not paid by him. So, we have decided not to vacate the shop until it paid. One night , he theft all the stock in our shop and broken our keys and locked with his keys. We have complained police and it's more than a month over they haven't filed the case. So, we decided to break his keys and we entered again to the shop. Meanwhile he sent a court notice saying that shop is under his control and asking for status quo. We also filed a case. But we are not clear what our lawyer filed. He is saying will file for injunction order. May i know how to proceed on this. Can somebody help me. Pls send ur contact no to my mail id if u r ok, i will give a call also
Hi
When you are in possession it is illegal on the part of the owner to break open the shop.
Technically it is a crime on the part of the land lord.
So in all probability your lawyer must have filed a criminal compliant first and then must have prepared the counter.
You can contact us by booking an appointment through this portal.
When you are in possession it is illegal on the part of the owner to break open the shop.
Technically it is a crime on the part of the land lord.
So in all probability your lawyer must have filed a criminal compliant first and then must have prepared the counter.
You can contact us by booking an appointment through this portal.
Helpful?
22+
22+
Adv. Rajagopalan
Hyderabad | 500+ Answers
Chat
Hello,
In your civil matter you says that shop have 3 partner so what says your partnership deed and some conditions are applicable in deed firstly you meet any advocate personally with full of document then​ he told you what are right way in your matter ok sir
In your civil matter you says that shop have 3 partner so what says your partnership deed and some conditions are applicable in deed firstly you meet any advocate personally with full of document then​ he told you what are right way in your matter ok sir
Helpful?
16+
16+
Adv. Veerendra Kumar Awasthi
Kanpur | 100+ Answers
CONTACT NOW
Dear Client,
You take the photos of breaking your shop and file the same in civil court. You must file a civil suit for getting permanent injunction for redelivering the possession of tenanted premises by Landlord. You file criminal complaint before the police station regarding break open and highhandedly taking back the leased premises. If Police Authorities did not respond you must address another complaint showing the concerned police station officer in to address and send copies of the same to Higher Authorities like Superintendent of Police, Commissioner of Police, D.I.G. , High Court Registrar, Home Minster etc., about the inaction of concerned police officer. Even if no response you will have to file a private complaint against the Land Lord who broke open the premises before a Magistrate by way of criminal case. You must file a civil suit for injunction showing the evidence to the satisfaction of the court that you did business in that premises and he theft the stock shown in your stock records etc. Take Expert Legal Advise by engaging a senior advocate who has been doing practice in both in criminal and civil side.
You take the photos of breaking your shop and file the same in civil court. You must file a civil suit for getting permanent injunction for redelivering the possession of tenanted premises by Landlord. You file criminal complaint before the police station regarding break open and highhandedly taking back the leased premises. If Police Authorities did not respond you must address another complaint showing the concerned police station officer in to address and send copies of the same to Higher Authorities like Superintendent of Police, Commissioner of Police, D.I.G. , High Court Registrar, Home Minster etc., about the inaction of concerned police officer. Even if no response you will have to file a private complaint against the Land Lord who broke open the premises before a Magistrate by way of criminal case. You must file a civil suit for injunction showing the evidence to the satisfaction of the court that you did business in that premises and he theft the stock shown in your stock records etc. Take Expert Legal Advise by engaging a senior advocate who has been doing practice in both in criminal and civil side.
Helpful?
23+
23+
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
CONTACT NOW
If any of you both parties not interested in continuing the lease of another 11 months,after completion of lease period the leaserevokes automatically. The owner should return the advance to you and obtain a receipt to that effect.
Here in your case he did not returned your advance amount. Until unless he returns your amount, you should be in possession of the property.
By breaking open the doors you have been in possession. Henceyour advocate files a suit against your owner for permanent injunction or files a case under rent control act for remidies along with an interlocatory application for grant of temporary injunction.
You should watch the proceedings thoroughly.
Here in your case he did not returned your advance amount. Until unless he returns your amount, you should be in possession of the property.
By breaking open the doors you have been in possession. Henceyour advocate files a suit against your owner for permanent injunction or files a case under rent control act for remidies along with an interlocatory application for grant of temporary injunction.
You should watch the proceedings thoroughly.
Helpful?
22+
22+
Adv. Kadagala Rambabu Naidu
Srikakulam | 200+ Answers
Chat
File a suit for permanent & mandatory injunction against ur partners before civil court as per partnership act 1932. Is there any partnership agreement between u and ur partners that agreement can play important role in ur case if u will file case. The relationship between partners is founded on agreement between them.
Helpful?
14+
14+
Adv. Anju Kumari
Delhi | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
