"L", the landlord in respect of a one-room house let out by him in favour of "T" was prosecuted on the…
The trial court may restore the tenant’s possession under section 502 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 456 CrPC) because the conviction…
Choose your answer
"L", the landlord in respect of a one-room house let out by him in favour of "T" was prosecuted on the charge of house trespass after physical assault and causing simple hurt to "T" and has been convicted for the criminal offences, it being also proved to the satisfaction of the Judicial Magistrate that by use of such force "T" was dispossessed of the tenanted property. Is it permissible, under the Bharatiya Nagarik Suraksha Sanhita, 2023, for the trial court to order restoration of possession to "T"?
Answer and explanation
Correct answer C
The trial court may restore the tenant’s possession under section 502 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 456 CrPC) because the conviction establishes dispossession through criminal force. The convicting court must make that restoration order no later than one month after conviction. The order does not prejudice rights or interests that may be established in a civil suit, so both stated qualifications apply.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Delhi Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision