Legal Question in Landlord & Tenant Law in India

Rent Act or Act relating to Tresspasser

We had rented out a central hall to two licensee say Mr. �A� & Mr. �B� areas admeasuring 11*18 sq ft each & there was our furniture in 6 * 18 sq ft. The total area of my central hall is 28 * 18 sq ft. there was a cloth, which was portioning the hall.

Mr. �B� vacated the premises through vacation agreement & Mr. �A� by breaking open the lock then occupied the entire hall

We pursued the matter in Small Causes Court where in three different orders were passed as the matter progressed & they are as follows:

!) First Order for possession of entire central hall.

2) Second for part premises of 11 *18 of Mr. �A�. Since the vacation agreement was presented on court record but exhibited the same was not considered.

3) Appellate Bench passed third Order, that since Mr. �A� was trespasser this court has no jurisdiction in case of trespasser after twenty years of initiation of the matter.

We filed a Civil Writ Petition in the High Court pleading under the constitutional law for delay & admission of matter by small court. The matter was admitted by High Court & the status of Mr. A is argued as ''License Terminate Over'' . My query is

�Whether High Court has jurisdiction over �Rent Act� & �matters relating to trespassing, Advice


Asked on 12/17/08, 7:42 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Rent Act or Act relating to Tresspasser

Yes, the High Court is empowered to decide the issue.

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Answered on 12/17/08, 10:49 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Rent Act or Act relating to Tresspasser

Yes

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Answered on 12/30/08, 8:39 am


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