Electricity disconnected by tenant

This query is : Resolved 
 

(Querist)
03 November 2018

1) Tenant filed title suit and got injunction from court.2)Tenant occupied one more room forcefully and build wall so that Landlord can not enter the room.3)Tenant now disconnected electricity of landlord.Electric Meter line is on tenant portion.4) Landlord send 5 letter to tenant to re connection , tenant ignore.

Landlord need immediate relief of electrical connection and room.The court is vacate where the existing case is running.

My question is ,is there any way to move district court so that quick relief can be get ?


Isaac Gabriel (Expert)
03 November 2018

You have to move the munsiff court and seek immediate remedy/ reconnection..

Kishor Mehta (Expert)
03 November 2018

These are all criminal offences, a criminal complaint should be filed immediately. Subject to the prevailing Rent Act rules in your state, eviction suit for the tenant's eviction should also be filed.

Dr J C Vashista (Expert)
04 November 2018

Unbelievable story.
Instead of tenant it would have been landlord to erect wall and disconnect electricity, if any. Tenant can never be landlord and make such changes against landlord.
Recheck. If so, contact, consult and engage a local prudent lawyer to teach a lesson to such arrogant tenant and obtain eviction orders from competent court/police authorities .

Sudhir Kumar (Expert)
04 November 2018

report to the police.

Bani Misra (Querist)
04 November 2018

We can file police complain.But land lord has to appear to court also.Landlord is 82 and vision ,hearing,memory loss.He is not a position to go court.I am daughter of the land lord.Please suggest a way that can be done through Lawyer.It will better to suggest a civil way.

Kishor Mehta (Expert)
04 November 2018

Landlord can issue a General Power of Attorney in your favour in the matter of this property. You will be able to represent him in all Civil suits on strength of this POA.

Bani Misra (Querist)
04 November 2018

Dear sir, if we file criminal case , complainant had to appear court , during bail and trial.That is not possible.Criminal case power of attorney is not applicable.POA applicable for civil suit.Please advice some civil way to handle the situation.

A. A. JOSE (Expert)
04 November 2018

From the facts stated by you, this is an apt case for initiating criminal case aganist the high-handedness of the tenant. Atleast file an FIR . Civil remedy will be time consuming. Further, it is not understood as to how the tenant got the Landlord's electricity connection disconnected? Was the power supply not in the name of the Landlord? If yes, he should approach the local power supply company to restore thr supply imnediately. Power supply is given on the basis of an agreement between the Electricity Company and the registered
Consumer and as such if the tenant had illegally disconnected the landlords electricity supply, on intimation by the landlord, i.e.registered consumer, Electricity Company Company is bound to reconnect supply and also book the tenant if he had directly interfered with the power supply given to the consumer.

Bani Misra (Querist)
04 November 2018

Sir , meter room is on the part of tenant.Tenant is receiving electric bill and paying in the name of landlord.We applied to move meter room to supply.Tenant and his men prevent them.Supply send us letter that due to obstruction , they unable to move meter.We went to police station ,police done a GD only

Isaac Gabriel (Expert)
04 November 2018

The facts reveal that tenant has taken the law in hand with muzzle power with amotive to seize the property. Perhaps, the local police too cunnived with him to achieve the task.Unless the issue is taken to the higher ups, ie.with DSP or SP level, it may not be possible to drive the tenant out.This kind of rowdyism has become the order of the day when the law and order takes the back seat with folded hands.Yet, your sincere steps will bear fruits, by moving out firmly with civi and criminal actions.

Kumar Doab (Expert)
04 November 2018

LOCAL Police might have provided cell for help to Sr. Citizens.
Meet DCP/CP/SSP and appraise of GD and facts of the matter.
Involve Sr. Citizen forums, NGO’s, LOCAL MC/MLA, infleuncial persons, media and submit representation to DGP, CM.
Submit complaint to MD/CEO/Chairman of Electricity supplier.
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and and find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil matters as in your case, and well versed with LOCAL applicable rules, establishment rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL: Civil courts, HC, SC …

A. A. JOSE (Expert)
04 November 2018

From the subsequent clarifications given by you after my previous opinion, it is now clear that the tenant has no locus standi to object shifting of the meter as he is neither the registered consumer of the Power company nor the owner of the premises. The consumer can even seek disconnection of the power supply, if he so desires. You must personally meet the higher ups of both the Power cimpany and the Police Department like the DSP or Police Commissioner and seek their intervention.

If you disclose the name of your place, it is also likely that perhaps some local member(s) of this Lawyers Club itself may also volunteer to help this Senior Citizen who being harassed by such cunning thug.

Bani Misra (Querist)
05 November 2018

It is possible to file writ petition seeking direction to police
presence
1)Restore electric connection
2)Break the wall that prevent landlord to enter in his room.

N.J.S.Rajkumar alias narasimha (Expert)
05 November 2018

Certainly it is Possible. Discuss in detail with your local Advocate

Kumar Doab (Expert)
10 November 2018

A very able counsel as already suggested can help and guide you for the proper remedy including as thought of by you.



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