Legal Question in Civil Rights Law in India
WE ARE HAVING A CASE FILE AT CIVIL COURT HAVING THE MATTER OF LAND LORD AND US (RENTED IN A CHAWL) .THE CASE GOES ON LIKE WE HAVE BEEN STAYING FOR LAST 30 YEARS .THE CASE HAS BEEN FILED FROM 1994 UNDER WHICH HE HAS APPEALED TWICE AND LOST.
HE INTENDS TO THROW US OUT WITHOUT ANY REMUNERATION.
tHE ROOM WE HAVE RENTED IN 10 FT BY 8 FT AND IS WITHOUT ELECTRIC METER. AS ON DATE WE HAVE TAKEN THE ELECTRIC SUPPLY FROM OUR NEIGHBOR WHO HAVE ALSO RAISED HIS HAND FOR PROVIDING THE SAME. AS WE CANNOT STAY OVER THERE WITHOUT ELECTRIC SUPPLY NOW i HAVE OPTED FOR RENTED ROOM AT OTHER PLACE ON LEAVE & LICENCE.
nOW THE LANDLORD HAS THREATEN TO FILE ANOTHER CASE SAYING THAT THE PERSON WHO ARE NOT STAYING AT THE CHAWL BE REMOVED FROM THE LIST OF CASE . THE LANDLORD IS ALSO NOT GIVING THE N O C FOR NEW ELECTRIC METER SUPPLY.
pLEASE ADVICE
2 Answers from Attorneys
02.09.2013
Dear Sir / Madam,
If you are a defaulter in the payment of the prevailing monthly lease charges to the landlord, and you have been living free of cost in the tenement since so many years, you are unnecessarily fighting a losing cause and wasting your time and money in the Court. If you are interested in occupying the 80 sq.ft. room, straightaway approach the landlord / landlady and ask him / her what amount they need to transfer the tenancy in your name, and give you the NOC to apply for the electricity meter in your name, negotiate a settlement with them, and close the matter. If you are not interested in the room anymore, simply tell the landlord to give you some compensation towards surrendering your tenancy rights and handover the room to them. Dragging the matter in the Court is pointless, and it is not the solution.
Regards,
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