Landlord Can Be Guilty of Trespass in Own Property: Kerala High Court Upholds Conviction

In a significant judgment strengthening tenant rights, the Kerala High Court has upheld the conviction of a landlord for criminal trespass and mischief, ruling that ownership does not grant the right to unlawfully enter premises in a tenant’s lawful possession. The Court emphasized that offences such as criminal trespass are offences against possession and not ownership, and therefore even a true owner can be held criminally liable if they enter rented premises with the intent to commit an unlawful act. In the case, the landlord entered the tenanted room and threw out the tenant’s belongings, causing damage, leading to conviction under Sections 454 and 427 of the IPC. The High Court refused to interfere with the concurrent findings of the lower courts, noting that the evidence of independent witnesses was consistent and reliable, and that revisional jurisdiction cannot be used to reappreciate evidence unless there is perversity or illegality. While the conviction was upheld, the Court modified the sentence considering the nature of the dispute and absence of prior criminal record, directing imprisonment till the rising of the court along with compensation to the tenant.