A & his family live on the ground floor of a tenanted residential premises. B is also a tenant who lives on the first floor of a tenanted room premises which above the room premises of A.
B has been using his first floor tenanted residential room premises as a guest house, i.e., for commercial purpose since last few years without doing any alteration to the said tenanted residential room premises.
But as of now B has raised the height of his room premises by 6-7 feets, made 8-10 small rooms and also constructed some 6 toilets. All this has been done without taking into account the beams, floor load, etc and additional burden has been put on the already 45 years old structure due to which there is leakages in A room premises and A fears that the cieling may collapse and his family is in such danger.
A has given various complaints to the BMC, Landlord & local Police station .... but there has been no action from any authority.
Can A file suit u/s - 39 of the Specific Relief Act to seek mandatory injunction against A who is illegally converted a residential room premises into a commercial one and secondly for all the illegal constructions.
Or is there any other relief/s that can be sought by A ?
