Can the owner refuse to give tenant his goods for the demand of additional rent

Tilak Marg Forum for Legal Questions Forums Criminal Law Can the owner refuse to give tenant his goods for the demand of additional rent

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    • #3262

      Sir I want to know that if a dispute is there between owner and tenant… the owner wants the tenant to vacate his building and for this the owner goes to a court ….the court gave the directions that tenant will vacate the building up to a particular date ….and in case the tenant is not able to vacate the building up to that particular date then the tenant will have no right on the building.
      The situation is that when the tenant was not able to vacate the building due to some reason he was not allowed the entry into the building by the owner. The tenant continued to pay the rent to the owner for a period of 10 months from the elapse of cut off date. After the period of 10 months the tenant went back to the owner and requested him to take his goods as they are still in the building. At this point the owner refused the tenant to take his goods. The owner demanded additional money from the tenant in exchange of giving the access of the building to the tenant to take his goods.
      The point to be noted is that in the court judgement it was written that if the tenant is not able to vacate the building up to a certain date then there will be no right on the building. The tenant has respected this point of the judgement by not entering the building for a period of 10 months but his goods were there in the building and for that he had paid the rent to the owner. Even the owner has accepted the rent and encashed all the checks which were given to him by the tenant as a rent.

      I want to know isn’t it ransom situation where the owner is putting the condition to the tenant that he will be allowed to take his goods only if he is ready to pay some more money. Isn’t this illegal. Is there any IPC section for this type of situation.
      Kindly give your opinion sir

    • #3266

      As far as I understand not allowing the tenant to take away his goods even if he has paid the rent, as you have said, may perhaps amount to dishonest misappropriation of property or may even be a criminal breach of trust, depending on facts of the case.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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