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Tanushree Nandan   01 October 2019

Can rwa evict or restrict tenant entry?

Hi,

Can an owners' association formed under the WB Apartment Ownership Act evict / restrict entry of a tenant on the grounds that the landlord has not paid the maintenance dues?

To the best of my knowledge, the only recourse available to RWA for recovery of pending dues is via recovery suit, and an RWA / Owners' Association does not have the authority / legal right to evict / restrict entry of tenants / guests of a defaulter on these grounds. Am I wrong?

I am looking for case laws of various High Courts & Supreme Court that can support / weaken this scenario.

Help appreciated!



Learning

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