My tenant, with whom I have a Leave & License agreement in Kolkata, doesn't pay any rent whatsoever. All the while, in spite of non-payment of rent, I continued to supply him with water, 24/7, from my overhead tank. However, of late, as summer is approaching water usage of my tenant has gone up so much that I have to run my water pump more than usual. Since the water pump runs on my CESC meter, this has shot up my electric bill incredibly high. So I have stopped supplying him water from overhead tank and asked him to use Kolkata Municipal Corporation water connection. This KMC tap is located at a convenient location within my premise and can be accessed by him at any time of day. Obviously, water will only be available when KMC supplies water. However, strangely enough, instead of using my facilities, he has started collecting water from a neighbor. Aggrieved, he, lodged a complaint with local police accusing me of stopping water supply. I was however able to convince the police that I have not stopped water supply per se, but merely changed the manner of supply to him i.e. instead of 24/7 water supply from overhead tank he would now get water at specified time from KMC water tap. I have even invited the police to inspect my house to verify facts. The police suggested to 'approach the appropriate forum' for dissolution of this dispute. I am guessing, my tenant is going to take some legal step. My questions are: 1. What are the steps he can take now? 2. What remedy is available to me? 3. How am I in the wrong here?
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1. He may forcefully try to evict you or file eviction suit agaisnt you.So before he does it file a suit for declaration and injunction.
2. You're not at fault here. however of the landlord stops water supply you can lodge complaint with local police .this is a criminal offence for which FIR would be registered and he would be required to apply for bail.
3. if you need further help feel free to contact me,
1) tenant can file suit and seek orders to direct you to supply water from over head tank
2) you can in reply mention that water supply is available from municipal corporation pipeline
3) you have not not violated any law
4) terminate leave and licence agreement
5) if he refuses to vacate file eviction suit
Mr. Sethi, I am actually thinking of terminating license which is of 11 months and 5 months still remain of it. I will soon be consulting an advocate. Meanwhile, can my tenant file a suite under section 425 / 430 of IPC? My very amateur understanding of these laws, is that these sections are applicable where primary motive is to make 'mischief'. How am I being mischievous here?
1) issue legal notice and trerminate leave and licence agreement for non payment of rentals
2) bare perusal of the provision of Section 430 IPC clearly shows that whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or any other purpose, then the said offence is said to be committed.
3) in present case tenant is not being deprived of water supply from muncipal corporation . tap is istuated in residential premises only . the water would only be available to tenant as per fixed hours of water supply
4) no offence under section 425/ 430 is made out