One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: If you have a tenant not paying rent, you cannot throw him out with the help of the police, and you certainly cannot cut off his water or electricity. A landlord must first terminate the tenancy with a valid written notice, usually under Section 106 of the Transfer of Property Act, 1882, and then file a civil suit for eviction, arrears of rent and mesne profits. Self-help eviction almost always rebounds on the landlord and hands the tenant a counter-claim.
Key Facts of the Case
- A two-bedroom flat at Kothrud, Pune, owned by the landlord and let out on a written rent agreement in November 2025.
- Monthly rent of Rs 26,000, paid by UPI for the first five months and then stopped altogether.
- The tenant's stated reason: his business was winding up and he had no funds.
- A legal notice under Section 106 of the Transfer of Property Act, 1882, issued in July 2026, terminating the tenancy and demanding vacant possession by 30 September 2026.
- The notice also warned that occupation after that date would attract Rs 45,000 a month by way of damages.
- The advance deposit lying with the landlord did not cover even a part of the arrears.
- The landlord wanted to sell the flat and could not, because a sitting tenant makes a property unsellable.
- Forum chosen: a civil suit for eviction, arrears and mesne profits before the Civil Judge, Junior Division, Pune, with an application for interim relief. No utilities were disconnected and no force was used.
Anil Kulkarni's flat in Kothrud, Pune went on rent in November 2025. Rent was fixed at Rs 26,000 a month, paid by UPI, and for the first five months it arrived on time. Then it stopped. The tenant, Rohan Deshpande, said his business was winding up and there was nothing left. After that, he largely stopped taking calls.
In July 2026, Kulkarni had a legal notice sent through a lawyer he already knew. The notice terminated the tenancy under Section 106 of the Transfer of Property Act, demanded the arrears, and called on Deshpande to hand over vacant possession by 30 September 2026. It also said that occupation beyond that date would be charged at Rs 45,000 a month. Nothing moved. The advance deposit in Kulkarni's hands did not cover even part of what was owed, and he needed the money to service his own loan instalments. He was also trying to sell the flat, and no buyer touches a property with a tenant sitting inside. He asked, only half seriously, whether he could just switch off the water and electricity.
What he did instead was approach the Chamber of Advocate Sudhir Rao. A suit for eviction, arrears of rent and mesne profits was filed before the Civil Judge, Junior