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Rent recovery.and etc.

(Querist) 03 October 2015 This query is : Resolved 
Res. sir

we are running msw charitable trust,under maharashtra waqf board.under our trust there
is 8 tenants who are living in it from last 30 years, but unfortunately we cant recovered rent from last 20 years. now they are doing so many illegal things like, construction, light meter connections, water connections and so on, on their own name, and the authority already issued the above connections on their name but the ownership is belongs to the trust. so plz. help us how to cancelled the light meter, water meter, connection and how to recovered the last 20 years rent.
answer me plz.
P. Venu (Expert) 04 October 2015
You cannot disconnect electricity and water supply but can move the competent Rent Court for evicting the tenants and/or recovery of rent.
Rajendra K Goyal (Expert) 04 October 2015
Move to competent court for eviction for default in payment of rent.
Anirudh (Expert) 04 October 2015
You have not given the full facts here.

Do you mean to say that for the past 20 years the Trust has not taken any legal steps in this regard?
Dr J C Vashista (Expert) 04 October 2015
Incomplete facts.
Consult a local lawyer with all relevant documents.
T. Kalaiselvan, Advocate (Expert) 10 October 2015
Are you the president or any office bearer of the trust functioning under the Wakf board act? There are lot of remedies available as per the The Wakf Amendment act, 2013, one such relief is given below:
“52A. (1) Whoever alienates or purchases or takes possession of, in any
manner whatsoever, either permanently or temporarily, any movable or immovable
property being a waqf property, without prior sanction of the Board, shall be
punishable with rigorous imprisonment for a term which may extend to two years:
Provided that the waqf property so alienated shall without prejudice to the
provisions of any law for the time being in force, be vested in the Board without any compensation therefor.

The provisions of THE WAQF PROPERTIES (EVICTION OF UNAUTHORISED
OCCUPANTS), BILL, 2014 also has remedies for your issues, what is the opinion of your advocate? Section 3, 4 & 5 of the above referred rule is clear to the relief you are seeking.
Discuss with your lawyer about this in detail.


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