Definition of “criminal trespass” is given in Section 441 of the Indian Penal Code:
“441. Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,
or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence,
is said to commit “criminal trespass”.”
It is clear from this definition that if a person who had lawfully entered into or upon a property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, that may also be within the offence of criminal trespass. Therefore, in my considered opinion, legally speaking, it may be possible to file a complaint of criminal trespass. However, it depends on the facts of each case whether it would be advisable to file such a complaint.
It may not be possible to claim any additional mesne profits and/or compensation at the stage of the execution petition. It has been held that held that till the final decree is passed, the court is empowered to grant the relief of mesne profits. Once the final decree is passed, thereafter it is not open to the court to grant the relief of mesne profits; the simple reason being that the final decree is the one which is to be executed. It is well known fact that the executing court cannot go beyond the decree which is being executed.
The execution court has sufficient powers to execute the decree, including attachment of property and sending the person concerned to civil prison. For example, see Order 21 of the CPC which relates to execution of decrees and orders. Since the Civil Procedure Code contains detailed provisions for execution and for disobedience of orders of court, usually contempt of court is not a good option in such a case and a contempt petition may not be accepted.
Unfortunately, the court proceedings are generally long-drawn and take decades nowadays due to huge pendency. But, since you have won your case in most of the stages, after some more patience, you should ultimately get justice. Of course, it is difficult to avoid delay.
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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