Leave & licence agreement terminated but licencee hold possession

This query is : Resolved

(Querist)
Follow

12 May 2026 Sir
As mentioned, in spite of termination of Leave &Licence agreement Licencee is holding the possession. Several notice had been sent but no effect.
Can we lodge complaint (FIR) in police under section 329 of BNS (criminal Trespass).
Regards
Abhijit

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
Follow

12 May 2026 FIR/Criminal Path: An FIR under Section 329 BNS is difficult to sustain because the original entry was legal. Police usually treat this as a civil matter.

Civil Path: The correct legal remedy is to file an eviction suit before the Competent Authority under the relevant Rent Control Act.

Damages: You are legally entitled to claim double the license fee for the period the licensee stayed after the termination of the agreement.

abhijit majumder online

abhijit majumder online

(Querist)
Follow

12 May 2026 Thanks Sir .
But Section 329(1) inter alia state 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”.
The section inter alia states : "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”.
Can this interpretation facilitate to lodge & sustain criminal complaint
Regards
Abhijit

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Join the CA Students WhatsApp Community for ICAI Updates, Trending Courses & Notes!

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

Lalan Kumar Jha

Kamaljeet Kaur

Navneet Pratap Singh

RATI MALU

jayaraman

Subscribe Now

Leave & licence agreement terminated but licencee hold possession

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Senior Executive

Manager- Finance and Compliance

GST CONSULTANT

GST CONSULTANCY

Accountant

CA Final

Article Assistant

Associate CA