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Bombay High Court relief for elderly, son in tenancy row

The court directed their landlord to restore the electricity and water connection as the family has been in possession of the premises since 1980.

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In a major relief before Diwali for a senior citizen and her son, the Bombay high court directed their landlord to restore the electricity and water connection as the family has been in possession of the premises since 1980.

Justice Girish Godbole heard the appeal filed by Hansa Dave (65) and her son Rajesh (40) last week after the court working hours considering the urgency of the matter.

Asking the landlord to restore the electricity and water supply, the court has observed, “One fails to understand why they should be deprived of electricity and water supply which is an absolutely bare necessity and essential for even the basic day-to-day life in the modern world.”

The Daves had filed a suit in small causes court for declaration of tenancy in respect of the suit premises. At the same time, Harihar Mehta (68), the landlord, filed suit for eviction.

The flat was rented to Icchashankar Dave in 1980, who died in 2002. The daughter-in-law Hansa and her son, Rajesh have been residing in the flat.

PS Dani, advocate for the petitioners, argued that after the landlord filed a suit for eviction, the supply of water and electricity was disconnected. Dani argued that these were essential services which are required for the purpose of human habitation. Also, the landlord has locked the water tank.

Advocate for the landlord RD Vora argued that the petitioners are not tenants or subtenants but mere gratuitous licensee and hence, no relief can be granted in their favour.
Vora alleged that the petitioners were stealing water from the overhead tank and hence the landlord had locked it.
Justice Godbole observed that it was not contested that the Daves were in possession of the flat. “In this situation, the law is well established that a person in possession of immovable property even when his possession is wrongful, cannot be dispossessed without following due procedure prescribed by law.”
The court has observed that Daves “will be entitled to obtain an independent electricity supply and the landlord is restrained from raising any objection for such independent electricity supply.”
The court has also asked the BEST and the BMC to ignore if such objection is raised by the landlord.

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