Illegal occupation after termination of leave & license agreement
RAMESH KISANI
(Querist) 18 May 2015
This query is : Resolved
I hv terminated Leave & License Agreement with my Licensee by giving him two months advance notice as per agreement. But he still continues to occupy the flat and I hv filed Eviction Application before competent authority. As the Notice period is over by a month, can I ask Electricity Service Provider to DISCONNECT the power supply into my Flat till the Licensee actually vacates the Flat? Can the Licensee lodge a Criminal Complaint against me if I get the power supply disconnected? Can the Police take action if the Licensee files complaint against me?
B K Raghavendra Rao
(Expert) 19 May 2015
You are not supposed to disconnect either water connection or electricity supply till the eviction suit is disposed off. If you do so, you would be liable to be sued and damages / compensation claimed.
RAMESH KISANI
(Querist) 19 May 2015
More advises n opinions required.
malipeddi jaggarao
(Expert) 19 May 2015
I too agree with expert Mr.Raghavendra Rao. ONce you have filed Eviction petition, you will be liable for damages if you overact. What is the purpose of Eviction petition? To get him vacated. YOu will have to wait till the decision comes. Any hindrance caused to the tenant will be liable for damages.
RAMESH KISANI
(Querist) 20 May 2015
Thanks to both of you for guiding me correctly. Have a nice day ahead.
T. Kalaiselvan, Advocate
(Expert) 21 May 2015
@Author: The electricity supply or water supply becomes basic amenities and essential of day to day life. Since you have approached court of law for eviction under due process of law, the proposed action by you is nothing but taking law into your own hands, which is illegal and are liable to be punished, hope you understand the gravity and consequences of the action proposed to be taken by you, better follow the court case properly.
RAMESH KISANI
(Querist) 21 May 2015
Many thanks for right guidance.
Biswanath Roy
(Expert) 05 June 2015
From the given facts I strongly apprehend your leave and lisence agreement is defective that caused the present problematic situation.
