Kerala High Court Holds Landlord Guilty of Criminal Trespass for Unlawful Entry

The Kerala High Court recently ruled that a landlord can be held liable for criminal trespass if they unlawfully enter a rented property in the tenant's possession.

The Court clarified that offences like criminal trespass and house trespass are primarily directed against possession rather than ownership.

Even a true owner cannot use their title as a shield to forcibly enter premises occupied by a tenant with criminal intent. In this case, the landlord had entered the tenant's room and damaged the tenant's belongings.

While upholding the conviction, the Court reduced the sentence to imprisonment till the rising of the Court and ordered compensation.

[Damodaran K v. State of Kerala]