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A tenant cannot claim ownership of a property unless and until there is the transfer of property by the owner in favour of the tenant: High Court Of New Delhi

The petition was filed because there was a disconnection of electricity connection to his property by the other party and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR. JUSTICE SANJEEV SACHDEVA, in the matter GOLAK GIRI  V. STATE OF NCT OF DELHI AND ANR dealt with an issue mentioned above.

Petitioner seeks a direction to the respondent to grant electricity connection for the second floor of property bearing No. T-235/12/1A, SF, which is located in Delhi, Counter affidavit was been filed by the respondent stating that there is a title dispute between the petitioner and one Sh. Krishan W.P. (C) 6720/2021 Gopal has registered an FIR against the petitioner and further it is contended that there appears to be civil litigation pending between the two.

Learned counsel submits that there were five cases of theft of electricity that have been registered against the petitioner and theft bills have also been raised which are still outstanding and unless and until the petitioner clears the outstanding theft bills, no electricity connection can be granted to the petitioner was mentioned.

Later Learned counsel for the petitioner submits that petitioner is the recorded owner of the subject property and Sh. Krishan Gopal has alleged that there is an agreement to sell in his favour and the civil dispute is pending. He further undertakes that the petitioner shall clear the theft bills raised by the respondent and shall also comply with all financial and other formalities required for the grant of an electricity connection.

Petitioner was placed, on record, the documents executed by DDA in favour of the petitioner concerning the subject property which establishes that petitioner is the owner of the subject property and is accordingly entitled to grant of an electricity connection, and also the undertaking which was given by the Petitioner that he shall clear all of W.P. (C) 6720/2021 the theft bills raised by the respondent was accepted.

The court perused the facts and argument’s presented, it thought that- “Because of the above, this petition is disposed of directing the petitioner to clear the theft bills as raised by the respondent and thereafter on clearance of the theft bills, the respondent is directed to consider the application of the petitioner for grant of an electricity connection. On petitioner’s completing all the requisite formalities, the electricity connection shall be granted to the petitioner in accordance with law as expeditiously as possible. The petition is disposed of in the above terms”.

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Judgment reviewed by: Mandira BS

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