Kerala High Court upholds landlord trespass conviction, orders ₹15,000 damages
What's the story
The Kerala High Court has recently upheld the conviction of a landlord for trespassing into a rented home and damaging the tenant's property. The court observed that even an owner cannot illegally enter premises occupied by tenants with criminal intent, ordering the accused to pay ₹15,000 in damages, The Indian Express reported. Justice Jobin Sebastian passed the order on March 26.
Legal principle
Kerala HC: trespass targets possession
The order was passed in response to a revision petition filed by the landlord against his conviction under Sections 454 (house trespass) and 427 (mischief) of the Indian Penal Code (IPC). The court emphasized that offenses like criminal trespass are against possession, not ownership. It stated that even a true owner cannot, under the guise of ownership, unlawfully enter premises in the lawful possession of another with the intent to commit an offense.
Conviction upheld
Kerala High Court limits revision interference
The landlord was convicted for throwing out household articles belonging to his tenant. Both trial and appellate courts found independent witnesses credible, leading to the landlord's conviction. Despite being the room's owner, evidence showed it was let out to a tenant at the time of trespass. The court clarified that mere ownership doesn't absolve criminal liability for unlawful entry with criminal intent.
Unlawful entry
Kerala HC confirms mischief, modifies sentence
The HC also held that it would only interfere with lower court findings if they suffer from illegality or impropriety. The court said that unless it is shown that the judgment of the trial court or the appellate court is perverse, unreasonable, or suffers from non-consideration of relevant material or misreading of evidence, interference in revision is not warranted. Eyewitness testimony and other evidence confirmed the landlord's act of mischief in throwing out the tenant's belongings.
Case details
Alleged 2009 trespass caused ₹10,000 damage
The court noted that while the sentence was somewhat harsh, it didn't interfere with the finding of guilt. Instead, it modified the sentence to imprisonment till the court rises and compensation payment. The prosecution had alleged that the landlord entered a rented room in 2009 and damaged property worth ₹10,000. The tenant and his wife were absent during the incident, but independent witnesses testified against the landlord.