Tenant problem
Sudip Adhikary
(Querist) 16 March 2020
This query is : Resolved
1)Tenant filed title suit for permanent injunction against eviction
2)District Court issue temporary injunction instantly
3)After getting injuction , tenant disconnect electricity for landlord portion, paying electric bill self and landlord cannot use his own electricity since 2011.
3)Tenant break wall and and occupied one extra room
4)landlord inform Court all ,several years ago ,Court did not hear the petition till date
5)lawyer is saying we cannot do anything as the is ruung in the district court
My question is
1)Is there any remedy to get back the electricity and extra occupied room?
2)Can we file any pettition in High Court ? if yes, please inform what type of petition
3)Can we ask to file FIR to District Court or High Court?
Raj Kumar Makkad
(Expert) 16 March 2020
How a tenant can file a title suit? He can only file a suit against the landlord restraining him forceful eviction.
In the given facts, the landlord must have filed his own case seeking restoration of the his electricity connection etc. and compensation etc. a FIR was also required to be lodged against the accused/tenant for breaking the wall and forcefully possessing the portion of the landlord.
First of change your lawyer, engage a competent senior lawyer and follow his advice.
Rajendra K Goyal
(Expert) 17 March 2020
You asked:
1)Is there any remedy to get back the electricity and extra occupied room?
Reply:
Since the matter is pending with the court, have to wait for decision and findings after subsequent appeals if filed.
Mutual understanding / settlement if possible, may fetch results.
You asked:
2)Can we file any pettition in High Court ? if yes, please inform what type of petition
Reply:
Nothing can be advised without going through case file.
Rajendra K Goyal
(Expert) 17 March 2020
You asked:
3)Can we ask to file FIR to District Court or High Court?
Reply:
FIR can be filed with the Police. If unsuccessful, may move to file from court.
T. Kalaiselvan, Advocate
(Expert) 17 March 2020
1. In the injunction suit, the temporary injunction as the nae suggests, is temporary in nature, hence you should have file a petition to vacate the injunction by filing an application under Order XXXIX Rule 4 CPC even though you have filed a counter to the injunction application filed by the petitioner.
The disconnection of electricity service connection to the owner's portion is an illegal act, the electricity department may also be sued for colluding with the tenant for this illegal act besides taking action agaisnt the tenant and also action for restoration of the same.
Why were you keeping quite all these years without initiating any action in this regard, what are you dong for electricity in this situation, be frank in your query and ask questions on the facts alone.
.
T. Kalaiselvan, Advocate
(Expert) 17 March 2020
The disconnection of electricity and forcibly occupying another room by the tenant is not only illegal but also an act of arrogance and atrocity which can be dealt with by lodging a criminal complaint with the police.
If the police were not cooperating or not taking any action on the complaint then you could have approach the judicial magistrate court with a petition under section 156(3) cr.p.c. seeking direction to the concerned police to initiate suitable action against the pending complaint as per law and to register FIR against the culprit tenant for his illegal activity in the rented premises.
If your lawyer is not cooperating nor supporting your cause or found to be inefficient you may abruptly change the lawyer instead of suffering more and more due to your lawyer's cause as well.
Raj Kumar Makkad
(Expert) 18 March 2020
FIR only if denied by the police to be lodged then invoke section 156 (3) crpc. BUT this is to be done by a competent lawyer.
Sudip Adhikary
(Querist) 18 March 2020
Thanks to ,Raj Kumar Makkad,Rajendra K Goyal,T. Kalaiselvan
Lanlord is very ailing person of age 87.He went police station to
lodge FIR , police did not take the FIR as the case is pending in District court.
He also filed 144, police did not came .
New Lawyer says ,For 156 FIR , person have to appear self.
Please inform , how many days to appear to court during invetigation and trial.
After filing FIR ,can appeance be avoid or less on ground of age and illness.
T. Kalaiselvan, Advocate
(Expert) 18 March 2020
The aged person can give a POA to his close relatives to represent him before court for all follow up action.
No doubt the person is aged and there are civil cases running simultaneously, however since there is no relief or respite given to the senior citizen neither he has been shown any consideration at least considering his age and the proceedings are dragging on endlessly in a routine manner, the senior citizen can even approach the senior citizens welfare tribunal for relief and remedy to all his sufferings.
He has to find a strong man as his representative to act on his behalf to run around before the authorities concerned without giving up at any cost or for any reasons or under any pressure.
A skilled and experienced advocate in the local may guide him properly on all such further steps and issues.
Rajendra K Goyal
(Expert) 18 March 2020
Such an old person may ask for the help from Senior citizen Helpline in case of need.
Raj Kumar Makkad
(Expert) 18 March 2020
An old person can give his authority to any person of his confidence to initiate proceeding under section 156 (3) Criminal Procedure Code on his behalf. Courts do accept such authorities in genuine cases.
T. Kalaiselvan, Advocate
(Expert) 19 March 2020
I agree with Mr. Raj Kumar Makkad Sir that owing to the age of the petitioner the courts do accept the authorisation given to a close relative to conduct the case ion their behalf.
KISHAN DUTT KALASKAR
(Expert) 19 March 2020
Dear Sir,
My answers are as follows:
1)Is there any remedy to get back the electricity and extra occupied room?
Ans: Please approach High Court if District Court is not passing any orders.
2)Can we file any pettition in High Court ? if yes, please inform what type of petition
Ans: You can file Writ Petition or Revision Petition before the High Court.
3)Can we ask to file FIR to District Court or High Court?
Ans: You have to file complaint before the concerned police and they refuse then you may approach Magistrate under Section 200 Cr.P.C or you may approach directly to the High Court by way of Writ Petition to direct the concerned Police Station to register a FIR and to investigate.
Rajendra K Goyal
(Expert) 22 March 2020
Agree with the experts, lodging complaint with the Magistrate to order for lodging FIR is good option.
Raj Kumar Makkad
(Expert) 22 March 2020
It is the best time for the landlord/owner of the property to act through his GPA and courts shall also hear his case expeditiously keeping in view his age of more than 87 years otherwise it shall be too late and shall be difficult to explain the delay leading to litigation.
Rajendra K Goyal
(Expert) 30 March 2020
Agree with the expert, courts hear on priority disputes related to such old person.
T. Kalaiselvan, Advocate
(Expert) 30 March 2020
The landlord may initiate steps as suggested by the experts above, whichever is feasible and effective if he is really interested in getting the desired relief.
Rajendra K Goyal
(Expert) 31 March 2020
The Author may proceed as per advice and in case of any new development may revert.
Raj Kumar Makkad
(Expert) 31 March 2020
The long silence of the author shows that either he is also under complete lock-down or has adopted the suggestions as submitted above.
Rajendra K Goyal
(Expert) 31 March 2020
Agree with the expert Raj Kumar Makkad ji, the author seem to be satisfied with the advice and has preferred not to provide required information.
