Non user under rent act
BHARTI KOTHARI
(Querist) 05 December 2015
This query is : Resolved
can court pass decree of eviction on the ground of non user ,merely on basis of electricity bill. can electric bill of less amount in the relavant period considered as final conclusion of continious non user.
alexander
(Expert) 05 December 2015
is the tenant paying the rent on or by due date? This may be an important consideration
What is the tenure of the lease agreement.
Electricity bill is no proof of physical occupation. A light or a table lamp may be left on, or other remote controlled devices can be installed to pe time switching on /switching off a light.
By some conclusive evidence you should establish that the tenant has not been occupying the flat for an extended period without any information
Check the Rent Control Act of your state. These acts also state the effect of an absentee tenancy on the lease agreement.
The tenant may turn around and say that he had to be away from the city or even that he was abroad and hence the non physical occupation.
prabhakar singh
(Expert) 05 December 2015
A decrease in consumption of electricity can not alone be considered to be conclusive proof of non-occupation of the building unless there are other corroborative circumstances to conclude so.So the finding
is perverse, go for the appeal, if you have not suppressed facts here.
Anupam Lahiri
(Expert) 05 December 2015
This is not a very clear query. Pls state whether the trial court has passed any decree taking the evidence of your electricity consumption as evidence? Pls elaborate the fact of the case.
Dr J C Vashista
(Expert) 06 December 2015
Incomplete information, vague and academic query.
Where is the property?
Whether the provisions of (State) Rent Control Act is applicable on the demised premises?
What is the rate of monthly rent?
Whether the rent agreement is registered or notarised or just signed between the landlord and tenant?
Whether the tenant is paying rent regularly?
Only electricity bill is insufficient,
there are number of other relevant questions to form an opinion and advise.
Contact, consult and engage a local prudent lawyer for proper analyses, guidance and proceeding.
Rajendra K Goyal
(Expert) 06 December 2015
Incomplete facts. If not satisfied with the findings of the court go for appeal.
K.S.Srinivas
(Expert) 09 December 2015
It is not clear from your query whether the court has passed any decree or not.
Lower consumption of electricity and getting less bill is not sufficient to arrive at a conclusion that the house is under continuous non usage.
