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kapil (owner)     11 April 2011

tenancy

i have given two shops on rent  and now ejuction petition is filed against him by us but in between we disconnected his electricity connection. plese suggest me whether this is in my favour or not.



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 12 Replies

Kumar Doab (FIN)     11 April 2011

Electricity and water are basic necessities.

 

You have filed the case. The disconnection of electricity is forced and unfair means.

The tenant can file in consumer forum and shall get the connection. In one such case the tenant has got the connection thru consumer forum and now other tenants are filing quoting the same decision.

For electricity bill payment tenant can ask you to supply the usage charges on your letterhead with copy of the bill and can opt to pay by cheque.

What is the decision of the court in your case? Now there are enough remedies available to landlords also for getting the premises vacated.

Naresh Kudal (none)     11 April 2011

Disconnection of electricity is not a good idea at all.

he can apply for new connection.

Parveen Kr. Aggarwal (Advocate)     11 April 2011

In almost all the Rent Control Acts in India, the tenant has got a legal right to get the electricity connection restored through court. So, you are not going to be benefitted so far as the eviction case filed by you is concerned. The Court may form adverse opinion against you and in case the eviction case is based on the ground of bona fide personal necessity, your case will certainly be affected adversely.

Manikantan (junior)     17 April 2011

you shud have not doen this mr kapil have faith in the legal process, dont give room to ill advises. immedietly try to restore the connection. Mr praveen is right that the court may from an adverse opinion about u and ur bonafides. tenancy issues are a test of bonafides. shocase ur necessity for reposession u dont have to do anything more. chk into yur tenancy enactment and try to fnd out wr there is any time stipulation for disposal, if the case is not getting disposed u can get directions from the high court for dsiposal of the case. 

Anish (anish_jazz@yahoo.com)     22 April 2011

 

Sir,

i am a landlord since long. the tenants are  defaulters since more than 10 years. they neither have any agreement nor any rent receipt for this period. i dont want to rent my property anymore. how do i get it vacated?

plz help..

Kumar Doab (FIN)     22 April 2011

It shall be appropriate to show all the documents of the property to the competent and experienced lawyer in your city and decided your course of action with proper legal advice.

Anish (anish_jazz@yahoo.com)     23 April 2011

can it go in my favour..

Manikantan (junior)     23 April 2011

Mr Anish kindly consult a local lawyer becos the rent control laws are essentially state subjects and might vary from state to state. but generally speeking to prove tenancy there is no need to show any agreement. in most cases there is attronment. thus even a monthly rent paying tenant would come within the ambit of the Act. If the tenant commits default and the same is wilful you can get him evicted. if you do not want to let it any further then ask him to vacate on the ground that you need the house for your own oucupation. 

kapil (owner)     23 April 2011

sir ,is there any compulsion for a tenant to pay the arrears claimed by owner,if there is nopresence of rent slips.

pawan kumar (-)     14 June 2011

IAM TENANTWITHOUT RENT RECEIPT AS I BELIEVED LANDLORD AND DIDNOT INSIST FOR RECIPT. FOR FEW MONTHS IPAID CROSSED CHEQUES ALSO.NOW LANDLORD HAS FILED CASE FOR EVICTION ON GROUND OF NON PAYMENT OF RENT PL ADVISE WHEATER I WILL HAVE TO PAY AGAIN TO CONTINUE AS TENANT.PL ALSO ADVISE CHEQUES ISSUED FOR RENT AMOUNT FAVOURING SELF  NOT CROSSED ENCASHED BY LANDLORD  AMOUNT TO RECEIPT OR NOT

Dipangkar (Business)     14 June 2011

Originally posted by :kapil
"
i have given two shops on rent  and now ejuction petition is filed against him by us but in between we disconnected his electricity connection. plese suggest me whether this is in my favour or not.
"

Kapil, It's hard to give any advice without knowing the details of your case.

Dipangkar (Business)     14 June 2011

Originally posted by :kapil
"
sir ,is there any compulsion for a tenant to pay the arrears claimed by owner,if there is nopresence of rent slips.
"

If the tanent can provide an Updated Rent Receipt (The Latest one), then the Landlord will seldom success in claiming  any arrear of previous Rents.

If the Tanent cannot do so and didn't deposit the past Rent in Court, then he will be termed as a Defaulter.


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