Injuction in electricity
ravivakill
(Querist) 11 June 2017
This query is : Resolved
Can you guide me and let me know about Supreme Court or High Court Decision regarding the protection of possession. The case is in this way I am in the possession of shop since 1987 but electricity meter is in the name of Landlord but all the bills I am paying. Now landlord complaint to the electricity board to remove the meter from shop premises can he do this or will I protect by law? If any judgment is available in favour of tenant? Please let me know?
Dr J C Vashista
(Expert) 12 June 2017
What were you doing for electricity meter for the last 30 years, when did you detect that the electricity meter was in the name of landlord/owner, wherein you were paying bills being in occupation of the shop as tenant?
How did you get possession of the shop i.e., whether the shop/premises was provided with electricity fitted and meter already installed in the year 1987? Why the landlord wants to remove the electricity meter?
What for do you need order/judgment/ citation of Supreme Court or High Court regarding protection of possession? Are you a practicing lawyer or client of a lawyer?
Judgments/orders/citations are not provided on this platform.
Vague query without vital information can not lead to forming proper opinion. Consult a local lawyer with full facts of the case for proper analyses, guidance and proceeding.
P. Venu 
(Expert) 12 June 2017
A tenant cannot be deprived of electric supply. Apprise this legal position to the Landlord by a Notice through an advocate.
ravivakill
(Querist) 12 June 2017
@Dr. J.C. Vashishta please sir read I am an advocate I ask u here for help of my client as landlord want to remove him so i want any citation to help my client
Guest
(Expert) 12 June 2017
Mr. Ravi,
In your original query, you stated, "I am in the possession of shop since 1987" NO "MY CLIENT." So how anyone can presume that you have asked question as a lawyer to fight the case of some client?
Guest
(Expert) 12 June 2017
However, I may have to differ with the views of Shri P Venu, as it is not a case of disconnection of electricity by the landlord.
Literally and legally speaking, since the electric meter is not in the name of the tenant, the electricity board cannot also be bound to provide electricity anyone else other than the owner of the meter. The owner of the shop is well within his right to get removed the meter, if he does not need electricity for his own use and the electricity board has to remove the meter and refund his security at the request of the landlord that being in his name, instead of taking care of the tenant. The service contract exists between the electricity board and owner of the shop, not with the tenant. Rather, even if the tenant desires to install a new meter in his own name, he would be bound to provide NOC of the owner of the shop to the electricity board.
Dr J C Vashista
(Expert) 13 June 2017
Mr. Ravi Vakil,
I could not dream out that you are an advocate, which I could not gather from your query any where. I have requested you to disclose whether you are an advocate or litigant, isn't it, read my response again?
As per rules no citation/judgments are being provided on this platform, which is in your positive knowledge, even than you are insisting to provide Supreme Court or High Court order.
The averments made by you in the query are quite vague and confusing, wherein you wanted to find out about injunction against removal of electricity meter, as I could make out from your query. Besides this, you have also mentioned about possession of demised premises by landlord, accordingly both the circumstances are different to each other, isn't it?
Guest
(Expert) 13 June 2017
The question of Dr. JC Vashista was quite valid and crucial in asking what your tenant had been doing for electricity meter for the last 30 year.
Relation could strain any time between the owner and the tenant, particularly when a question of vacation of a commercial property arises. So, your tenant could well have got his own meter installed, if could not get the connection transferred in his name as early as possible after his possession of the shop.
It is too late now. I can say guess only hard luck for your client, unless the court is convinced on the question of livelihood of your client. Better think on such lines, as in the present scenario, I don't think any case law would help.
ravivakill
(Querist) 13 June 2017
Now I want to know how can i get relief for my client?
Guest
(Expert) 13 June 2017
I have already suggested, if you can convince the judge on the livelihood issue of your client. But chances are still 50:50.
