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).
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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.
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
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.
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.
Rent agreement executed 16.05.96 Paid rent up to may 99. Stopped paying rent. Notice given by landlord. No response to notice. PA suit is filed against tenant for personal and daughter's coaching need u/s 21a of up rent control act 1972. Summon issued by court. Summon received by tenant but not taken participation in court proceeding. Ex party decision 2002. Present in compliance case. Ex party recalled and case restored. Again became absent in 2005 in evidence. E x party decision in 2005. Again present in compliance. Ex party recalled ,case restored. In 2007 daughter got married.(But daughter still living with her parents with her husband from next day of marrige,in all her service records bank details adress is unchanged) In 2013 need of tenant found more bonafide daughter is not the family member said by court,and comparative hardship of tenant is more than landlord. In this decision need of landlord not considered. Tenant not searched for alternate accommodation. Appeal to district judge by landlord. Adj reaffirms lower court decision 2016. Review is filed by advocate which get cancelled in none present. Now scc suit against tenant by landlord on 28.02.18 for rent arrears of last 3yr(tenant not paid single rupee from 20yrs) Grounds-- Denial of title of landlord, Rent amount (he says 80 instead of 800) Default in payment(In scc he deposits 20 yr rent by rate of 80 per month. Substantial damage by installing heavy printing machine covering 80% of tenanted premises. Building vibrates when machine runs. Structural alteration. In PA case he has given many contradictory statement About payment of rent, title.
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
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
Write representation to the local authorities and move to HC at the earliest.
Regards
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.
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.
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
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
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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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.
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.
