Can I get a stay order in the below mentioned case? If yes what is the process & expense involved?
My Case Details: I live on the first floor in a 4 storey flat. About 8-10 years ago we extended our house by adding few rooms. The construction was carried out on Beams and Pillar elevated from the Ground Floor. The Expense for the foundation, beams, pillars and RCC Floor were borne by us at that time for ground floor as well as our own (1st Floor). The owner of the House below ours said he did not want to extend at that time. He said he will pay for the construction of beams pillars and his terrace and his part in the foundation expenses when he will use that space or construct rooms in that space. 5 years later he quietly sold off his house and shifted elsewhere without paying us anything. We (Mother & I) are both working people; we are not at home from 7.30am to 9.30 pm. He did not inform the new owner of his house about the pending payment. When we came to know about this we told the new owner that the previous owner had not paid us for the extended portions, he said he was not informed about this and he has paid complete amount of property to previous owner.
Now the new owner is extending his house in the space for which he has to pay us the expense incurred by us on the ground floor for construction of foundation, beams, pillar & Roof – all RCC work. I want to stop him from extending and using this space until he pays our dues.
Kindly guide us through the process of getting a stay order. Also how can I recover the expenses incurred by us? The amount we invested then in construction on Ground floor was Rs. 67000/-. Can we quote a figure with interest till date?
