Please help
Ramakrushna Padhy
(Querist) 25 January 2014
This query is : Resolved
dear my seniors,
one of my client, is staying at govt. quarter, as a rent basis with mutually, consent of to whom the quarter has been allotted,after one and half year, the house owner, created problem,and telling to leave the quarter,my client have one month baby, and difficult to fiend a rent house in this present situation , because he has new born baby,he need pay more attention to his baby.
but the house owner dis connect the electricity connection,of the house with out any information, and after someday, he complained at local police station regarding non leaving the quarter, police has called to my client to police station, but my client is not gone to police station,at the time of staying in this house, the quarter owner taken advance Rs.20000/- and given a hand receipt,but not mention as an advance.except this receipt, there no other prove, but mediator ready to support as witness,police is calling again and again, please, help and suggest what will I do, how handle this situation, and what is the legal procedure. please sugest, its urgent.
thanks & regards
Ramakrushna Padhy
Practitioner
Devajyoti Barman
(Expert) 25 January 2014
The tenant can go to civil court and pray for injunction against forceful eviction. He can apply fr restoration of electricity as well.
He can file criminal case for criminal intimidation against the landlord as well.
Anirudh
(Expert) 25 January 2014
Your client should know that staying in govt. quarter is not permissible. However, I also know that is the reality in many parts of the country.
Now coming to the issue. As your client not to go to the police station. Ask your client to tell the original allottee (do not call him landlord) of the quarter that he should stop troubling otherwise your client will inform make a written complaint to the office of the original allottee that he has paid hefty amount of Rs...... as advance and has been staying in that quarter from such and such month and year.
However, in the meanwhile, ask your client to adjust the amount of advance given by him in the monthly rent payable by him. He should not make any further payment of rent till such time it is adjusted against the advance.
Your client should also immediately try to locate another rented premises to move. (But given this background, probably your friend might find it difficult to find another alternate accommodation).
Sudhir Kumar, Advocate
(Expert) 25 January 2014
I further add that this Govt servant has given enough evidence to your client.
Misuse of Govt servant is violation of code of conduct subject to disciplinary action if reported to the department. In addition this Govt servant will also be paying penal rent from the date of allotment.
Your client can hold this person to his nerves and need not vacate.
He should rather give a police complaint regarding cutting electricity.
Police has no jurisdiction to get the house vacated alothough illegally let out. Such action can be possible under under Public Premises (Eviction of unauthrised occupants) Act.
Please red this act
Sudhir Kumar, Advocate
(Expert) 25 January 2014
Agreeing with Mr Anirudh I will add that no remedy is there against your client in the hands of allotee without endangering his own career.
Sudhir Kumar, Advocate
(Expert) 25 January 2014
repeated
http://www.lawyersclubindia.com/experts/Need-suggestion-please-help--449491.asp#.UuNFIfvhUsY
ajay sethi
(Expert) 25 January 2014
agree with anirudh
T. Kalaiselvan, Advocate
(Expert) 25 January 2014
First of all this tenant is not a tenant in that service quarter and the original allottee himself is a tenant in actual sense but has sub let his quarters to a third person which is an offence. However the stand taken by the allottee to sever the electricity and water supply connection is not an action to be taken by the authorities merely on the basis of the allottee's instructions, if they have done so it clearly reflects the corruptible practice of the staff of the department on such occasions, so even the allottee will be held liable for the consequences, moreover, the allottee by mistake has lodged complaint for evicting his tenant, it means he has accepted him as a tenant, thereby he has left behind the solid evidences to prove his own offence of sub letting the govt. service quarters to a third person illegally. Let your client call on the police in person and explain the stand ask them to take action against the erring allottee. This reaction would convince the allottee his mistake and will make him to arrive at a negotiation table.
