Meter deactivate Meter deactivate

2 months ago

I am a tenant for almost 35 yrs ,due to illness I can't open my rented store till 2yrs,but I use to pay my rent month by month by way of money order, Suddenly after 2yrs my electric connection have been disconnected,My landlord have misconduct with me several times.What is the option to activate my electric connection? kindly suggest?

Anik

Responded 2 months ago

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A.Dear Client,

In a dispute between a tenant and landlord, resolution falls under the jurisdiction of the state-specific Rent Control Act, where a Rent Controller or Additional Rent Controller is appointed to address issues arising from the rent agreement. In the current scenario, it is advisable to file an application before the relevant Rent Controller to seek an amicable resolution.

Additionally, after being in continuous possession of the rented premises for 35 years, the possibility of claiming ownership through adverse possession arises. To establish ownership through adverse possession, the possession must be continuous, uninterrupted, and hostile. Article 64 of the Limitation Act, 1963, specifies a limitation period of 12 years for claims based on previous possession, not on title. Article 65 sets a 12-year limit for a suit for possession based on title, starting from when the defendant's possession becomes adverse to the plaintiff.

Failing to file a claim within the prescribed limitation period extinguishes the owner's rights, and the possessor of the property may become the owner by filing a civil suit claiming ownership through adverse possession. Seeking guidance from a legal professional, such as an advocate, is recommended for proper understanding and navigation of the situation.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. So, in the prevailing situation, you can file an application explaining your grievance before the concerned Rent Controller to resolve the issue amicably. It may further be noted that when you are in uninterrupted possession of the rented premises for 35 years, you can claim ownership of the rented premises by applying the theory of adverse possession. In the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner once the possessor of the property files a civil suit before the Court claiming ownership of the ground of adverse possession. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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