Response

Trespass of property of a person without his consent, by another person without authority, has been defined as criminal trespass under Section 441 of the Indian Penal Code, 1860. As per the Section, if any unauthorized person enters upon the property of another person, without his consent then he shall be punished for criminal trespass. The punishment of criminal trespass has been defined in Section 447 of the Indian Penal Code.

If the tenant refuses to leave your property even after he has been asked to vacate shall be punished under criminal trespass. The punishment for criminal trespass is imprisonment which may extend to 3 months or fine which may extend to 500 rupees or both.The Draft Model Tenancy Act, 2015 makes matters easier for the landlords. It is an improvement to its obsolete predecessor, the Rent Control Act, 1948. It forms a structure for the regulation of tenancy for residential as well as commercial properties.

With the proposed Act, landlords can charge rent as per market rates, get the rent revised periodically, and also get the rented premises vacated easily without indulging in tedious legal proceedings. Under these section you can atke action against the tenant whois not leaving your property.

Reference: Indian Penal Code, 1860, Section 441 and Section 447. The Draft Model Tenancy Act, 2015

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