Civil Procedure Code (CPC)

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Proof of possession of a property

(Querist) 29 July 2021 This query is : Resolved 
Sir
Kindly give the reply with applicable law if any.
A person who had obtained an electricity connection on the property of another person by way of a forged document later vacates the property. can claim possession of the property after vacating the same on the basis of electricity bills which are left unpaid by him while vacating?

I mean: Can unpaid electricity bill be used as proof of possession after the date when he had vacated the house?
Thank you
SHIRISH PAWAR, 7738990900 (Expert) 29 July 2021
Hello,

You have already stated that he has taken electricity connection on forged documents and later on, he has vacated the property. So you have to take action against him for the forgery of documents. He can take the plea of possession which he has to prove before court.
kavksatyanarayana (Expert) 29 July 2021
Yes. Agreed with the advice of the learned expert Mr.Sirish Pawar sir.
Advocate Bhartesh goyal (Expert) 30 July 2021
Have you any proof regarding vacation of premises ?
Dr J C Vashista (Expert) 30 July 2021
Electricity bill in the name of tenant, at that particular point of time, to prove that the tenant was in possession of subject premises, which do not support/establish his/ her right, claim, interest or title in the property.
manju asht (Querist) 30 July 2021
Dear Sir (Adv Bhartesh Goyal)
Yes, he vacated the house and left for another place in presence of many eyewitnesses of the locality. One person (Mr Bajwa) was present on the site while the house was getting vacated and then Mr. Bajwa took the said house on rent from my mother. Mr. Bajwa was summoned by police for his statement. The statement was duly given. Later police removed/ destroyed that statement under collusion. I have a copy of his summons as a record with me. Secondly, the house was vacated under family settlement through a relative. Her statement was also removed/ destroyed by police.
manju asht (Querist) 30 July 2021
Dear Sir (Adv Shirish Pawar) Thank you for the reply. Further, I have to tell the facts and ask queries in this connection. Will be grateful for the reply.

That person had filed false case against me and my family for theft and trespassing about 2 months after vacating the house.
False FIR registered by the police.
Later Police removed section 380 without any efforts for recovery of alleged stolen articles because they knew its a false case made by them.
But with foeged document i.e
Electricity bill police got challan approved for trespassing u/s 454.
Now the case is pending for framing charges. The next date is in September 2016

On the other hand, I have filed a complaint against the involved police and the man who had vacated the house on his own and handed over possession to my mother (now deceased) under family settlement through a common relative to both parties.
n this case police is taking the plea that police proved the possession on the basis of electricity bills.

I want to know can any electricity bill prove his possession after the date he vacated the house
In this case, the person vacated the house on 9.9.2015.
Can unpaid electricity bill prove his possession after 9.9.2015
When he vacated the house in September all bills from 27 May 2015 were unpaid by the person.

My mother paid them in Feb 2016.
P. Venu (Expert) 31 July 2021
Initiatially, you had posted incomplete facts. Subsequently you are making the issue incomprehensible by by posting disjointed facts, opinions and assumptions. Please post simple facts focusing the real issue.
manju asht (Querist) 02 August 2021
Dear Sir (P Venu)
Earlier I didn't get any clear answer to my query. And Adv Bhartesh Goyal had asked further, So, I elaborated the facts. Might not be sufficient or disjointed from your perspective. But my question is still the same as I still am not able to make out from the replies for my query that

If a person vacates the house on a particular day in broad daylight in presence of many eyewitnesses, is it possible for him to claim/ prove his possession of the house after that date with the help of unpaid electricity bills?
Kindly suggest and help. Thank you.
P. Venu (Expert) 03 August 2021
Who is the owner of the property? How?

How the person has been in possession? What were the terms of his occupation? How long? How he was made to vacate?
Now, presently, how he is claiming possession - by force or by legal means?


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