If you are a tenant then read this news carefully, Kerala High Court has given an important decision, Kerala High Court has held that a landlord cannot forcefully enter a tenanted property

Kochi. Kerala High Court has given an important decision in favor of tenants and has ordered a landlord to pay compensation of Rs 15,000. The Kerala High Court clearly stated that the landlord cannot enter the premises under the lawful occupation of the tenant without his consent or forcibly. If a landlord enters a property occupied by a lawful tenant, he will be guilty of criminal trespass. Kerala High Court said that even under the Rent Control Act, the landlord will have to take the route of legal process.

This matter is of the year 2009. The tenant alleged that he and his wife were outside. At that time the landlord came and broke the lock and threw out all the stuff kept in the house. The tenant alleged that he suffered a loss of Rs 10,000 due to this. People nearby testified that they saw the landlord enter and throw out the tenant’s belongings. On this, the trial court had sentenced the landlord to 1 year imprisonment. Which was later reduced to 3 months. The landlord then moved the Kerala High Court.

Kerala High Court said that if the landlord breaks the lock of the rented house and forcibly removes the goods, then it is an offense under sections 427 and 454 of the IPC. The court said that the landlord will have to prove that he has a genuine need for the space. You cannot vacate the house just to evict the tenant. According to the Kerala High Court, as long as the rent being paid or the rent agreement is valid, the tenant will be considered to be in legal possession of the property. If the tenant’s wife is living in that place, it will be considered to be in the possession of the tenant. Even if the original tenant does not live at that place. The Kerala High Court, however, suspended the landlord’s sentence till the completion of court proceedings. Also ordered to reduce the punishment to one month for not paying compensation of Rs 15,000.