Dear Advocates We had a 20 years old tenant in Daman (U. T), who's 8 years (5+3) agreement was on lease and rest years on 11 month license agreements, with some years in between with no agreements made at all * His 11 months license agreement FY2017-18 is already expired on 31 May 2018 * Plus due to fraud, cheating and forgery with terms and conditions of certain pages in 11 months license agreement, local municipal council has also cancelled his commercial business license on 31 Mar 2018 which also gets expired by default on 31 Mar every year and directed him to close the business * Now he has shifted his business into his own premises and running it successfully there, but he has not shifted/moved his business goods which are lying in our premises and locked the shop shutter at his own will, without the permission of the owners * I have got house repair permission from municipal council I would like to get answers on below points 1. How do i remove this licensee's business goods lying in our premises without getting into court hassles? 2. Under this circumstances where his business license issued by municipal council FY 2017-18 is already cancelled and now after shifting and operating business from his own premises Can he get a court stay? 3. Under this circumstances, and in connection with point no 2, can the court give him re-possession for running his business back into our premises? 4. Can police station or SDPO or Superindentent of police help us in removing his goods for being a illegal & unauthorized occupant 5. Can Collectorate/Mamlatdar office help us in vacating his business goods from our premises 6. Can Administrator/Prashashak would be able to remove his business goods from our premises 7. Does local municipal council has powers to remove his goods pertaining to his business from our premises, since they have cancelled his business license? Awaiting your quick & favorable response under this situation Your expert opinion/advise would be highly appreciated Thanks & Regards
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1) issue him legal notice to remove goods lying in your premises within period of 7 days of receipt of notice
2) chances of court granting stay are bleak
3) if his agreement has expired court would not direct licencee be given repossession
4) police would not intervene as it is a civil dispute
5) similarly collectorate would not help you
6) municipal corporation has no powers to remove his goods
1. How do i remove this licensee's business goods lying in our premises without getting into court hassles?
Answer: You can first send him a legal notice that he should remove the goods from that premises otherwise it is illegal possession. He still does not listen then file a suit for eviction;
2. Under this circumstances where his business license issued by municipal council FY 2017-18 is already cancelled and now after shifting and operating business from his own premises Can he get a court stay?
Answer: If his license is cancelled then he cannot operate business from another location/shop. The municipal council can demolish his work place and confiscate everything from his stocks;
3. Under this circumstances, and in connection with point no 2, can the court give him re-possession for running his business back into our premises?
Answer: If he qualifies all the pre-requisites for running a business. As long he is complying with everything he will have chance to renew the same;
4. Can police station or SDPO or Superindentent of police help us in removing his goods for being a illegal & unauthorized occupant
Answer: Yes under section 107: Section 107, Code of Criminal Procedure
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond 1 [with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.
Also under section Section 151, Code of Criminal Procedure
(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force.
5. Can Collectorate/Mamlatdar office help us in vacating his business goods from our premises?
Answer: If you have given a formal letter to them stating that the incidents which have happened they can, but at this stage a court order or police assistance or municipal help is the only option;
6. Can Administrator/Prashashak would be able to remove his business goods from our premises
Answer: Same as Answer No.5;
7. Does local municipal council has powers to remove his goods pertaining to his business from our premises, since they have cancelled his business license?
Answer: Yes they have full right to remove his goods and confiscate the same dispose of the way they choose to (by sale or auction).
This is in further response to you:
1. Send a legal notice for eviction;
2. Take police assistance or municipal help (do not remove the goods of your own);
3. If nobody helps then method of last resort is to approach the court.
1. None of the methods enlisted by you will work
2. You will have to file an eviction suit against the tenant
3. Seek permanent injunction and possession
4. Issue a legal notice first
5. Eviction suit takes several years to resolve
6. Your property will be thus locked in dispute
7. Try settling with tenant
8. First file a suit and then approach for settlement. If he is agreeable, then consent terms can be filed which will be binding on the tenant. If tenants breaches consent order, he will become liable for contempt of court
1. You have to issue a legal notice to vacate the premises, if he fails then you may have to approach court with an eviction suit against him.
2. That depends on how he manages his story before court.
3. You dont allow him to obtain stay, before that you can file an eviction suit with an application to restrain him from conducting the illegal business under the said circumstances.
4. No, they cannot interfere especially this is civil in nature.
5. No.
6. No, only court has the power that too after conducting full trial.
7. No
Licensee is greedy, unauthorized occupant and illegally harassing us and asking to pay Rs.1 lakh to vacate our premises. So, What if we make an application to police that we as owners are going to open the shop by breaking the locks, enter into our own premises take a note of inventory (of licensee's goods and articles) and submit the details to police with complete videography of the event, and keep the goods with us until licensee clears my outstanding occupation charges of 11 months then release it, so that licensee cannot say that we have stolen or damaged his goods lying in our premises, if we do this then please let me know on below points 1. What options does licensee has to take action against us? If police station doesn't support him? 2. Can he get a court stay order on our premises? in-spite of not being in possession with license agreement and commercial business license both being expired and cancelled 3. what is the process of him doing a court case against us? 4. Can he file a court case against us if he doesn't get police support or FIR against us from police station? 5. How does this court case will benefit this licensee if he is not in possession and once we remove all his goods from our premises and take back our possession without going to court? 6. Does this house repair permission given to us by municipality will help us in anyway, once we regain possession by this way? my apologies for this weird questions due to tensed conditions and would appreciate your quick and favorable response under this situation
You cannot break locks of premises
2) you need court orders to break the lock
3) Police would refuse to support you and direct you to obtain court orders
4) licencee can file court case against you for unauthorised removal of his goods
1. The proposed action is illegal, you cannot do anything that way.
You have to approach civil court or rent control court with an eviction suit, you cannot break open the lock even in the presence of police.
The police will not support your cause of action without a court order to this effect.
In fact the police may initiate action against you for burglary or theft if the other party lodges a complaint agaisnt you for this illegal act.
2. He may get it with the support of his advocate, however you can challenge the same properly.
3. He may file an injunction suit against you.
4. Yes, he can.
5. If you do this criminal action may be initiated agaisnt you for this crime.
You cannot take law into your hands.
You will be pushed inside the jail for this illegal act.
6. You have to fight through court even if you get permission for repair from the local civic body.