• Heavy printing machine installed by tenant in tenanted premises, requires removal

Sir,I quoted in scc suite about installation of heavy printing machine by my tenant.
But as we know it will take long time to get the matter resolved about installation of machine(ws not filed by tenant,June will be off)
Sir is there any quick remedy for removal of heavy printing machine, because it is causing serious damage of building .
Building is getting very visible cracks in which we lives,(just upper floor of tenant occupation).
Asked 4 years ago in Civil Law

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14 Answers

Firstly, though I know that it would take some time, but not so long as you would have to suffer some more damages.

Secondly, file an injunction suit both permanent accompanied by temporary injunction application also.

Thirdly, it would only take a weeks time to get the interim relief.

So, please don’t waste time just go ahead and file the same suit.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. Write a letter to the Municipal Corporation requiring them to take immediate steps to prevent damage to building and passerby

2. Also write letter to police against tenant for endangering lives of occupants and passers by

3. Follow up both letters with right to information application

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

See first of fall file an interim and permanent injunction application before court and the court on perusal if serious damages are caused can pass an order for closing down machinery.

Secondly file a police complaint for nuisance and damage to property along with a letter to state pollution control board if noise pollution is also there and file an application. Before municipal authority for running heavy machinery if not taken any approval or permission for establishing that.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can approach the collector under section 133 of the code of criminal procedure for stopping of nuisance. This heavy printing machine causes nuisance in the vicinity therefore the collected is empowered under section 133 to direct the person to stop the act immediately.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

A misclanious application before SC can be filed for early hearing of case as no vaise action has arised and tenant has installed a heavy machine causing damage to the building property and interim relief can be prayed

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

You may ask some near by resident to file a petition in the HC challenging use of such heavy machines as the same is hampering is right to live with dignity as guranteed by the Constitution of India.

Get in touch with a local lawyer at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Write representation to the local authorities and move to HC at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You should have file an application in the same suit under Order 39 Rule 1 and 2 seeking to restrain the respondents from installing the machine till the disposal of the main suit as an interim relief.

Even now you can do that if there is a hearing immediately.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

You have become a victim of yor own fault.

From your contents it appears that you have either not filed the case properly or not fought it strongly.

In the present cae also you have not taken up the matter of respondent's tortures and illegal activity of installing a heavy machine to the court and not sought temporary injunction on this.

At least now you can follow it up properly through your advocate.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

1) since case is sub judice you have to wait for court orders

2)complain to municipal corporation against un authorised installation of heavy machine which is causin damage to the building

3) enclose copy of structural engineer report

4) if any action is taken by muncipial corporation it would help you in your court case

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

court would pass eviction orders if structural alterations are made without landlord consent

2)further if there are rent arrears for 3 years you are entitled to eviction order

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Now the suit have to disposed within 9 to 24 months depending upon the nature of suit. Yours a simple suit to be disposed. Please approach the High Court and get a time bound direction to dispose the suit. The relevant rules of Karnataka High Court are as follows came into existence as per the directions of Central Government. Similar rules also existing in your High Court for sub ordinate courts. Litigants must teach a lesson to the lower courts. Happy litigation journey.

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Karnataka Case Flow Management Rules

Similar Rules are framed by all the High Courts

the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.

It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.

Disposal in 24 months:

Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

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http://www.judicialreforms.in/forums/showthread.php?tid=63

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Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

I am sure you have filed the execution case to drive the tenant away on the basis of the decree.

If that is so then pursue the case more vigorously keeping focus on this case alone. You can pursue rent arrears case later on.

Since there is stay order in force the execution case would proceed fast and to get the physical possession of the property you should apply for police assistance. talk to your advocate on this.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You need to send him legal notice for uninstalling the same. If he is still not doing that then you need to file eviction suit for the same. You can file interim relief for the immediate un-installation of the same.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

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