Legal Question in Landlord & Tenant Law in India

water on humanitarian grounds
A old bldg.in mumbai,comprising of six flats belongs to 'A'. 'B' was a tenant of one flat, who allowed 'C' to reside since before 1970 by accepting informal rent. In 1985 'B' says he has nothing to do with the said flat and stopped accepting informal rent. 'C' then sent collective rent by cheques to 'B' and then to 'A' which were returned. by both. Meanwhile 'C' has carried out major structural repairs to the dilipidated parts of the building with BMC permission on great personal expense. 'C' also paid building common water bill of 'A', outstanding amount of over rs 28000/- . Building has 2 unoccupied flats due to dilapidated state and rent claimed to be paid by others is pitifully low. No litigation exists between 'A','B' with 'C'. What is the legal bearing of 'C' who has 3 generations living in the flat, with only an informal old handwritten 1971 statement of occupancy by brother of 'B'. (address proofs and affidavit of occupancy by 'C' exists).
Now A has sold the entire bldg. plot to builder D. 'Can D demand proof of residence and forcefully evict C. -
Can C obtain a separate waterline to flat on basis of ration card,affidavit,agreement,past paid receipts of existing common line since the other 2 do not want2pay. thank you

Asked on 2/13/09, 3:35 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: water on humanitarian grounds

C may consider engaging a local counsel for filing a suit in the trial court against D seeking to restrain him from illegal / forcible eviction;

Answered on 2/13/09, 7:23 am

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