Tenant carrying out work in premises even though decree is passed against him
KETAN J SHAH
(Querist) 01 December 2016
This query is : Resolved
Respected Sirs,
I am a Landlord of a premises in Mumbai. Recently in the Trail court matter judgement the Decree is passed in my favor.The Tenant was asked to vacate the premises in one month. However He has filed an appeal in Appalate court. The matter is pending and now without taking the matter seriously this person has started doing renovations in the premises.
I want to know wether one can do any work after decree is passed against him and as such the work which is being done is not at all urgently required to be done. He can wait but he has not paid any heed to the court. I have filed a complaint against this ongoing work with Police and BMC but there is no response from their side. Now I am filing a Injunction application . Please let me know whether this application would be allowed to me and will his work be stopped by the court till final disposal of the appeal.
Thanking you in advance
adv.bharat @ PUNE
(Expert) 02 December 2016
The act of tenant amount to contempt of court. You can file suit for execution & injunction.
Will u appreciate this answer by giving like on my LCi porfile?
P. Venu
(Expert) 02 December 2016
What is the opinion of your advocate?
KETAN J SHAH
(Querist) 03 December 2016
Respected Sirs
As per advice of my Advocate i filed injunction application and the order for inspection of suit premises was passed on the third day but without taking any photographs of the premises. The appelant contended that since it is a Nursing Home I will not allow any photos and the Judge made me to agree on that.However on the day order was passed before coming to the court in the afternoon session the appealant got all the work completed and then in the court he said that he has only changed the broken window glasses. Now when the Court commission comes for inspection he will not find any work going on and I will not get the injunction order.
All the staff members of Nursing Home and some Tenants staying in the opposite building facing the Nursing Home windows know that the work has been done but appealant is not ready to accept this. Does this mean that he has managed the Court. My suit is very strong. Appealant in his cross at the Trail court level has confessed that he has carried oput illegal work of permanent nature and this new work which he has done is also confessed but he says that it is Tenable repairs and urgently needed to be done.
When the suit/appeal is pending can the appealant carry out any work. Can I produce the written confession of my other Tenants.
Please advice.
Thanking You in advance.
Rajendra K Goyal
(Expert) 03 December 2016
Filing appeal is the right of other party.
There is no reason to believe other party has managed the court, you have miserably failed to prove before the local commissioner / court that any work was carried out.
Wait for the decision of the appeal.
Dr J C Vashista
(Expert) 04 December 2016
The tenant has no right to carry out any renovation in the demised premises, if done, it would be at his risk, consequence and expense.
Was there any permission from you or Court order to carry out renovation? If no, submit an application before appellate court through your counsel.
Rajendra K Goyal
(Expert) 05 December 2016
Agree with the expert Dr J C Vashista, you should have gathered evidences of violation of court orders, can gather in future if act repeated.
KETAN J SHAH
(Querist) 10 December 2016
Respected Sirs,
Thank you all very much for your advices .
I hereby say that There was NO permission from the Court or the Landlord to carry out any work. The Appalent said in the court that what ever work he has done was utmost necessary and he did this work without any permission from the court and says that the permission is not required. How can this be when the matter is pending in the court. During pencancy of the matter even if a small work is to be done to the suit premises then Permission from the court is necessary.Now all the work is over and court has passed order for inspection of the suit premises.But when there is no work going on how will I proove this. I have produced photos, BMC complaint letter and Police complain letter but Court has not taken cognigance of anything and did not grant me urgent injuction order and I received the order after 3 days and in the mean time all the work was completed. However the appalant has confessed in his affidavit that he has done the work.
Now I want to know that even if I don't succeed in getting injunction order as the work is over but still the confession of the appalant can be in trouble at the later stage of appeal hearing.
Please advice. Thanking you in advance
Rajendra K Goyal
(Expert) 10 December 2016
Author failed to prove before the court that work was done.
It seems that the staff of the nursing home quoted the fact of alteration not before the court to support claim of the author.
Author has lodged complaint to different departments, have they accepted the fact of alteration in their report, if so should have collected a copy through RTI and submitted in the court.
If not satisfied the orders of the court, appeal should be filed.
Ms.Usha Kapoor
(Expert) 10 July 2018
Agree with Vashista and RK Goyal.
