Electric connection domestic to commercial
Ayan
(Querist) 27 December 2018
This query is : Resolved
1)Landlord had given his frontage as "SHOP" to tenant 2005.
2)Electric Connection was domestic.
3)Next year dispute occurred , Title Suit filed by tenant 2009.
Tenant got injunction from court.
4)Landlord Surrendered his meter to the electric supply in 2009.
5)Tenant Prevent disconnection.Electric supply inmate Landlord by Letter in 2009.
Tenant disconnected the supply from Landlord and Started to Operate
the same.
6)From 2009-2019 ,Tenant accepting Bill ,paying bill which is still commercial.
My question is
1)Domestic connection is used for commercial purpose long time (13 years).
In between landlord requested for disconnection.Electric supply unable to disconnect.
Will it still be a offense under Electricity Act for Landlord?
2)If Electric supply fail to disconnect.What is the procedure to disconnect electricity ?
3)What should Landlord do to avoid any litigation from Electric supply in future ?
Dr J C Vashista
(Expert) 28 December 2018
@ Ayan,
1. A tenant can not obtain injunction as stated by you.
2. Tenant has no right, interest or claim in the title of the demised premises. Tenant can not challenge title.
3. Tenant has been paying electricity bill for last 13 years, why the question of domestic or commercial cropped up in the year 2018 ?
4. What is your concern and locus standie to the query, you have not disclosed ?
5. There are some vital informations concealed by you.
6. Please consult a local prudent lawyer with full facts/ details/ document of the case for better appreciation of the question, guidance and proceeding.
Ayan
(Querist) 28 December 2018
In the year 2008,After the agreement expired, Landlord deny to renew Tenancy angreement and stop receiving payment.
Tenant file Title suit, which is still pending in court.Landlord applied for disconnection of electricity in 2009 as Tenant was not paying electric bill.The total building went in the control of tenant.Tenant disconneted electricity from Landlord portion in 2009.Now , the building is require for landlord as his son going to marry.The electric connection is domestic and Tenant are using for Shop (Commercial purpose).Landlord need electricity.He want to write for connection to the supply.He is afraid , if supply come and see domestic meter is use for commercial purpose , will it be a problem or not ? Can he still send application to the Electric Supply.
SHIRISH PAWAR, 7738990900
(Expert) 28 December 2018
I will suggest you to contest the suit filed by you. If you try to disconnect electricity of tenant there are chances that it may adversly affect you. You have already appointed advocate so follow his advice. Otherwise you will be confused. And if you are not satisfy with advocate you have to change the advocate. As property may be in crores of rupees. So dont try to save some thousand or lakhs of rupees.
