• Rented restaurant in Delhi. Property owner locked the gate and selling items.

We had 2 months some rent arrears. Property owner gave one month notice and after taking cash he locked the gate and now he is selling restaurant items.
Asked 2 months ago in Civil Law

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8 Answers

You must have been given eviction notice on account of failure to pay rent 

 

2) on expiry of notice period you have to vacate the premises 

 

3) landlord cannot take forcible possession

 

4) do you have any acknowledgement of cash paid by you for rent arrears 

 

5) if you have been forcibly dispossessed you can take legal proceedings to direct landlord to deliver possession to you as you have been dispossessed without following due process of law 

Ajay Sethi
Advocate, Mumbai
97244 Answers
7854 Consultations

Lodge a complaint against the property owner in the jurisdictional Police Station..

 

Shashidhar S. Sastry
Advocate, Bangalore
5427 Answers
330 Consultations

If he is selling the restaurant items without your consent it is as good as selling the stolen items, hence liable for criminal action, you may lodge a criminal complaint against him for this offence and also claim that he has disposed huge items worth of big money causing heavy financial loss to you.

Besides,m you approach court with a suit for injunction against him for forcibly dispossessing you to restrain him from doing so other than due process of law and for restoration of possession of property to you.

You can show the rental receipt as an evidence to prove your case

T Kalaiselvan
Advocate, Vellore
87447 Answers
2348 Consultations

Have you taken the receipt ? Can file FIR and obtain stay from court. 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

You can file a civil suit seeking damages and wronful eviction against the landlord. Moreover, you can also file a complaint with the police for causing misappropriation of property, theft and criminal trespass.

Vishek Vats
Advocate, Delhi
90 Answers

- As per law, the said owner has no right to lock the gate and to sell the restaurant items 

- The tenant can file a complaint before the police and higher officials against the said selling his items without his consent. 

- Further, the tenant can also approach the Court for getting an injunction order to restrain the landowner to evict him forcibly from the tenanted premises. 

Mohammed Shahzad
Advocate, Delhi
14647 Answers
224 Consultations

Dear Client,

The actions of the property owner in locking the restaurant and selling its items are illegal even when cases of rent arrears are involved. Due process would be required for obtaining possession of the premises by issuing proper legal notice and eviction suit under the Delhi Rent Control Act, 1958 or any agreement governing tenancy. Locking up the premises and the sale of the tenant's property without following a court order can only be referred to as unlawful eviction and isn't permitted either. For example, under BNS, such acts may come within the definition of offences like criminal trespass under Section 329, theft under Section 305, or criminal misappropriation under Section 314. Nothing can be removed from the tenant's property without a court decree, and no one has a right to dispose of your property. You should file a police complaint over the illegal lockout and selling of the items because both civil and criminal law consider these as criminal offences.

In addition to this, you can get relief from a civil court, opening the premises by reopening, an injunction against the sale of restaurant items, and damages for losses caused by such illegal action.

I hope this explanation meets your needs precisely. If you need any further assistance from our side, do not hesitate to contact us again.

Anik Miu
Advocate, Bangalore
10289 Answers
121 Consultations

Restaurant owner cannot lock the gate along with your stuff in it as per law. Doing so amounts to theft, even if you’re not paying rent. You can file a police complaint for the same against him. Consult a local lawyer for the same

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

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