Boundary wall damage

Querist : Anonymous (Querist) 14 December 2011 This query is : Resolved
I am staying with my family consisting of 2 of kids and wife. My problem is that my neighbor’s coconut tree is situated adjacent to my boundary and when most of times their coconut and dry coconut leaves fell on top of my boundary wall and getting damaged. I spoke to my neighbourevery time but no course of action is seen not to make things repeated .But this keeps happening and I am fed with it

I want to file a case regarding this and make that this does not happen andI want that coconut tree be removed from there .My neighbour is not bothered to see the damage and I live with only PENSION and cannot afford to repair my boundary wall all the time.On humanitarian ground I was keeping mum. When the person who comes for putting coconut also is not been instructed and he throws directly in top of this boundary wall and again from there it hits my roof and getting keeps repeating

Please can u help me how to solve with this .I stay in a place where it is in Panchayat area . Should I report to police so as to take this case to court or please suggest appropriate action to be taken

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V R SHROFF (Expert) 14 December 2011
You file a suit in court for damaging, and injunction to drop anything on your roof. Court will direct him to fix protective net etc, so that nothing fall in your compound, and/or damage roof, injure you.
You can also cut off that part, entering your compound wall, for safety purpose.
You cannot ask to cut the tree, but you can ask neighbor to fix net, that will prevent any coconut of braches fall upon you.

If he is benefitted commercially by selling coconut, he is bound to pay you for damages
You can lodge complain the hazard of falling coconut on your head that can kill you. He is bound for safety.

ajay sethi (Expert) 14 December 2011
you cannot stop your neighbour from having a coconut tree in his garden . however to extent the branches fall on your compound you can trim the tree . consult a local lawyer for filing case against the neighbour .

enclose photographs of damage done to your property by coconuts in your plaint .

Sailesh Kumar Shah (Expert) 17 December 2011
agree with opinions of both learned experts.

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