My house in Aurangabad is given on "leave & License" to three different Licensee. There are three different energy connections & water is supplied through a single water connection to all the three licensees. Huge amount of arrears are outstanding against all the four utility bills.

The eviction process is in advance stage.

Electricity & water arrears being attached to land I will have to pay. I am thinking to file money recovery suit in civil court. Is it OK? If yes, can I file a single suit against multiple defendants?

Can I file before Eviction?

Is it mandatory to pay the dues before filing suit?

Dear Friend,

Since, the issue is between the Landlord and Tenant the Rent Act would apply. You have to file recovery suit under the Rent Act. Also, I would advise you to file eviction suit as well.

Regards

 VIRAJ KADAM

Advocate, Supreme Court of India

virajkadam@gmail.com

First of all, many thanks for kind reply. The eviction suit as well as suit for recovery of rent at double the rent is filed before Competent Authority & Deputy Collector Aurangabad as per section 24 of Maharashtra Rent Control Act 1999. It is our presumption (whether true or false we don’t know) that scope of Competent Authority is limited to Section 22, 23 & 24 only. Section 24 is applicable in our case. Further that, the wording of Section 24 does not include the Electricity & water charges. (For obvious reasons,  my plaint still includes claim for electricity & water charges too, as these are attached to land & recoverable from land revenue.)

Can Competent Authority order decree for electricity & water charges?

If yes, under which section? Please advice.

Can Competent Authority order decree at cost?

If yes, how to plead the same in plaint?

Your kind advice will be highly appreciated.