Acts of negligence of households on other floors causing damage to my property & health

My 1st floor unit in a 4 storey building in Delhi getting ruined by constant dampness caused by water leaking by households on ground, 2nd and 3rd floor. Water tanks for each household living on four floors installed on rooftop. Households on ground, 2nd, and 3rd floors are tenants (landlord/owner doesn't live in the same building, he lives somewhere else), and refills their water tank many times during the day using illegal borewell which causes water to overflow from their water tanks. Water overflow from tanks travel down the shaft. My bathroom and the room adjacent to it are close to the shaft and they are getting constant exposure to water leaking, hence both the bathroom and the room have developed dampness. A part of ceiling in bathroom fell apart and came down heavily recently. This has happened many times in the past. Rest of the bathroom ceiling and walls also slowly falling apart. Repair and whitewash doesn't last long.

I sent a legal notice to the person who is the owner of ground, 2nd and 3rd floor, and filed a Police complaint invoking sections 269, 270, and 425 of IPC (enquiry is pending)

I have following questions:

1. The current owner of these three floors with the exception of one floor which I own in this 4 storey building, received the ownership from his father in 2019. Father is still alive. Father of current owner inherited these three floors from his mother in law after her demise a few years ago. I started noticing damage to my first floor unit in 2016 which I first informed the previous owner (father) back then. Can both the father and son be sued for damages caused to my unit on behalf of their tenants?

2. I am the current owner of my unit which I inherited from my mother after her demise in 2012. Can my husband be the Complainant in FIR and the plaintiff in suit in my place as the owner?

3. The Sale deed at the time of purchase of 1st floor unit in 2005 does not talk about common use of terrace or roof. I have a water tank installed on the rooftop of 4th floor which is owned by the defendant. I have been using this water tank from the time of purchase of my unit in 2005 and in fact it was installed at the time of purchase by the seller only. There was a kind of mutual silent agreement regarding use if water tank on rooftop. Now after I filed this Police Complaint the defendant is alleging that I have been illegally using water tank on his property. What remedy do I have against his allegation of illegal use of water tank? Do I not have a common right to use of terrace or roof?

4. I stated in error in my legal notice to the defendant that I purchased the 1st floor unit in 2005 from you (the current owner). The defendant in his reply to my legal notice has threatened me of initiating civil and criminal proceedings under Sec 193 of IPC for submitting wrong information. According to his lawyers the sale transaction was between my mother and grandmother of current owner. How can I avoid 193 now?

Asked 3 years ago in Criminal Law

Religion: Hindu

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5 Answers

1. You can sue me current tenant for causing damage to your property and implead the owner as 2nd defendant making him vicariously liable.

2. No, you are the owner hence you can file the case.

3. If the terrace is not described as common place in your registered sale deed then you may not be eligible to claim rights in the terrace mentioning it as common place.

4. Don't have to answer his allegations in this regard.

You have inherited the property from your mother who had purchased it. Hence it cannot be said to be a false statement.

Let him proceed legally, you can challenge it properly as per law.

T Kalaiselvan

Advocate, Vellore

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1) Father has already transferred the units to his son

2) no case can be filed against father but only against current owners and tenants

3) you should be the complainant and not your husband

4) you have right to use terrace as it is common for benefit of all flat owners

5) you should issue another notice clarifying mistake made in earlier notice . In other words rectify the mistake

Ajay Sethi

Advocate, Mumbai

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Yes they can be sued but with a civil remedy, for criminal remedy unless you prove the men's rea it will not be applicable

Prashant Nayak

Advocate, Mumbai

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When plaintiff is not certain as to who is liable satisfy his claim, he can sui all them as defendants. It is for the Court of decide who pay damages, compensation and suffer decree. Court can also pass decree against all of them jointly and severally.

Complainant and plaintiff can be any inmate of house. This is not a suit to establish ownership.

Unless the sale deed explicitly excludes use of terrace rights, the presumption the roof rights are included.

Ingredients of offence of fabricating false evidence are not attracted here. Offence is made out only such false evidence cause any person who in such proceedings is to form an opinion upon evidence to entertain an erroneous opinion touching any point material to the result of such proceedings. You wrong claim is not likely to alter the opinion of Court with regard to your claim.