Leave and license agreement
Rajiv Agarwal
(Querist) 02 March 2025
This query is : Resolved
In my leave and license agreement the licensor has mentioned that if licensee do not vacate the flat the licensor can disconnect electricity and also other basic amenities ie gas water etc. The agreement was signed 2 years back. Now instead of filling eviction suit he is threatening to cut the electricity if we do not vacate the flat. Is there any judgement wherein it is mentioned that even if mentioned in the agreement the licensor cannot disconnect essential services like electricity water and gas and has to follow due course of law to get the tenant evicted from the premises. We will pay for the judgement copy and would like to see that particular paragraph before proceeding further. Thank you.
kavksatyanarayana
(Expert) 02 March 2025
As the licensor mentioned in the agreement, the licensor can disconnect the basic amenities and you agreed to the same. You have to follow the conditions mentioned in the agreement. You may search e-courts for the judgment you require.
T. Kalaiselvan, Advocate
(Expert) 03 March 2025
Even if the L&L agreement contains covenants authorising the Licensor to disconnect the essential services, it is a one sided condition and not maintainable in law.
There are judgements restricting such acts and terming them as illegal.
You can file a suit for injunction against the landlord to restrain him from indulging in such illegal activities of disconnecting the essential services and to pass an order to the landlord to follow due process of law in this regard.
Advocate Bhartesh goyal
(Expert) 03 March 2025
Yes, lessor can't legally disconnect electricity,water,gas and other essential services provided to lessee/tenant even mentioned /agreed in L.L Agreement in case lessee breaches terms and conditions of agreement,without following due process of law.
