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ASIF (BD)     03 November 2014

Landlord and illegal occupant

A Person, Mr.X  claiming to have paid to the promoter started staying in the tenanted flat stating that soon he will be the tenant of the landlord. The landlord, Mr. B, did not interfered nor stopeed Mr.X from entering the flat since the person, Mr X said that he will sit for the tenancy agreement soon.  Some price negotiation went between them to which the Landlord did not agree and requested the Mr.X to vacte the flat, which Mr.X denied to do so.

The Landlord Mr.B cut off the water supply in Mr.X flat as he did not had any written document, permission or consent or tenancy and considered him as trespasser. He also removed the electricity supply as Mr.X is now forcibly occupying the said flat. The landlord approached to the Police but it did not help as they took it as a civil matter. In the meantime the person Mr.X took a LPG gas connection under his name by submitting a NOC and forging signature of the landlord, Mr.B.

The landlord also got to know that  Mr.X had taken the flat from a Third Party Mr.C to whom the promoter had earlier booked for the said flat who was also not the tenant of the landlord.  

Can  Illegal occupant can claim and move to court for water supply and electricity from Landlord by claiming that he is paid the construction cost to promoter for a tenancy flat even if without any written consent from landlord? The Landlord has not accepted him as TENANT. What steps can landlord take to get back the flat as there is no sign of promoter no proof for tenancy of Mr X. Can the landlord start any cheating case for the illegal Gas Connection taken by the person Mr.X.

 

KOLKATA JURISDICTION

LANDLORD V/s Illegal Occupant



Learning

 1 Replies

Isaac Gabriel (Advocate)     01 January 2015

It depends upon the averments in the affidavit and the factual situations put forth.


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