Service charges recovery suit user independent landlord tenant relationship claims

A civil suit instituted by property owners to recover service charges for the use of furniture and fixtures against an occupant is grounded strictly in user liability rather than tenancy. The existence or absence of a landlord-tenant relationship between the litigating parties is completely alien to the determination of service charge recovery disputes. Third parties occupying the premises without direct contractual privity or proven legal successorship possess no independent right to intervene and defend a monetary service charge suit filed against the original user. Adjudication of service charge arrears can proceed effectively against the named user without joining unauthorized or unproven successor occupants. User-based monetary claims focus exclusively on the receipt of facilities rather than title or tenancy rights. The legal obligations arising from service agreements bind only those who contracted or directly utilized the amenities. Intervention by unauthorized occupants confuses the distinct nature of possessory and user fee claims. Hence, trial courts must evaluate monetary recovery based strictly on the contractual or permissive use established. (NAK Engineering Company Pvt. Ltd. v. Tarun Keshrichand Shah & Ors. | 2026 INSC 8)