1) landlord has to issue notice to the family to vacate
2) if they refuse file eviction suit against them
3) you are mere tenant and cannot evict them
Eviction of unlawful persons in the building
I have recently become a tenant in a building which is under the Pagdi system. Part of the ground floor is occupied by a family which is doing the business of ironing clothes. The historical fact is that when the building was constructed two brothers approached the land lord to give them some space to carry on this business. Their wish was acceded to by the land lord on compassionate basis. However there is no written permission given nor to they hold any papers regarding their occupation of the premises. They further do not hold any electric meter or water connection. Both of which they are utilising from the building. Also they do not hold a licence from the Municipality to carry on their business Over a period of time these people have brought in their relatives and currently number about 9 people. Most of the residents of the building are senior citizens and are reluctant to even tell them to vacate or desist from using water and electricity. I wish to proceed against them and get them evicted from the premises legally. How do I go about it
Asked 8 years ago in Civil Law
7 Answers
Is it possible to disconnect their water and electricity on my own or should I approach the police
Asked 8 years ago
No more questions for the present
Asked 8 years ago
xxx
Asked 8 years ago
1) Water and electricity are essential service and cannot be disconnected
The only remedy for you is to file a suit for eviction against them as they are trespassers now. They will be given an opportunity by the court to defend themselves.
Neither you nor police can disconnect their water supply without a court order as they were inducted through permissive possession.
You are a tenant in the building premise. It is the duty of the landlord to evict the unauthorised people from the building/premises.
Any complaint from your side to any authority may not be entertained because you have no authority or power to lodge a complaint agaisnt unauthorised occupation of such people.
However if they cause nuisance or a menace i.e., drawing unauthorised water supply or electric supply from the building premises which can be considered even as theft cutting the pockets of the other users of the building, a complaint may be lodge agaisnt such acts with the concerned authorities including the police for causing nuisance to you as a resident in that place.
You can discuss about the issue with other tenants of the building and decide about taking a collective action agaisnt the existing menace.
Is it possible to disconnect their water and electricity on my own or should I approach the police
Disconnection of the supply of water or electricity shall not be a safe decision
if you are sure that they have no necessary permission or licence for running this business then you can file a petition for their eviction on the ground of nuisance. Ashok Vihani Vs state of west bengal 2011 it is held by the supreme court that running of business without obtaining necessary permission causes nuisance in the vicinity and such person should be evicted.
