My friend is not returning my equipment and other goods which I was handed over to him in 2020. I had been running a small factory on my land due to the advent of COVID pandemic. I was not not able to run that factory. Therefore, I handed over the equipment and other goods to my friend along with the land on rent for the period of five years. Now the tenure of lease has completed and I am asking him to handover my equipment etc. But he is saying that it was not part of the lease and due to several defects I have removed them from the site. He is telling lies and using those equipment on another site. I have the evidence to prove that he is still utilising my equipment and goods for his own business. Please help.
Asked from: Uttar Pradesh
Your friend was the lessee, and the premises were let out to him along with the equipment and goods that were installed and affixed to the land. At the time of letting, all items attached to the earth were transferred along with the premises, and the lessee had been deriving benefits from those fixtures.
In this context, such items constitute fixtures embedded in the earth, intended to enhance the beneficial use of the land. Therefore, they qualify as immovable property under law. The lessee has no legal right to detach or remove these immovable fixtures from the land without your express written consent.
If these fixtures and equipment have been removed by the lessee without your permission, he has committed a legal wrong and is liable to compensate you for the loss incurred due to such unauthorized removal. It is an undisputed fact that you are the rightful owner of those fixtures, and ownership does not transfer to the lessee merely by virtue of possession or use.
In light of the above, you are advised to issue a legal notice to the lessee, demanding either the return of the removed items or monetary compensation equivalent to the loss suffered due to their removal. Should he fail or refuse to comply with your demands, you may proceed to file a civil suit for recovery of goods, compensation and damages.
You have a valid legal claim, and prompt action is necessary to protect your rights and recover your losses. Your friend is not returning equipment and other goods with a view that those were not subject matter of lease, whereas all those things were integral part of land.
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