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do i have a Case to file in court of theft and illegal possession
02-Apr-2023 (In Criminal Law)
I was a tenant to a godown, guy tookover forcefully dec2014 n he did illegal construciton fom aug 2014 I reported to police mcd The house wher we live one heavy rain gets flooded, if i file online report today that last mth rained our house got flooded i lost my imp biz n property docu n police report lost of docu last mth is tat ok.in court. Can i file a case on 3papers electricity meter n latest police report docu destroyed last mth n all letters to police MCD that i m lawfully in possession of godown since he started illegal construction aug2014 do i hav a case theft n posesion.thkx
As you were a tenant then,
there must be some agreement between you and the landlord (owner) of the godown.
And please clarify, the person who took over forcefully, is that the landlord or someone else?
Regarding the lost police report and property documents,
the same can be recovered by making a written application to the police and the registrar where the property documents were registered to issue a certified copy of the same as those documents were destroyed due to flood.
The certified copy of the documents would be admissible in court.
Now regarding the case of theft and illegal possession,
Initially you should send the person who took over your property a legal notice drafted through an advocate asking to vacate the premises.
If he doesn't act or respond to the legal notice then,
you can lodge a complaint to the police of criminal trespass and other various sections.
But a case of theft is not maintainable as the acts of the person does not amount to theft.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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