Leave & licence agreement terminated but licencee hold possession

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This query is : Resolved

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After termination of a Leave and Licence agreement, continued possession by the licensee is generally treated as a civil dispute. Though Section 329 BNS mentions unlawful remaining after lawful entry, sustaining a criminal trespass FIR may be difficult unless criminal intent, intimidation, or annoyance is clearly proven.

abhijit majumder

abhijit majumder (Querist)

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

(Expert)

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

abhijit majumder (Querist)

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

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