Balcony reparing when room's court case is going
niky......
(Querist) 11 December 2015
This query is : Resolved
Hi,
I am the Defendant and tenant. Building owner is the plaintiff. The case is on our rented room for eviction which is based on some false grounds that plaintiff has filed. But now the owner is asking for repair of our balcony from outside though. Is it allowed to do any repairs when the court case is going on? I heard no major changes to room shall be done when there is court case going on?
So shall i allow him to do the repairs or not?
Thanks.
P. Venu
(Expert) 11 December 2015
How your defence is likely to be affected if the balcony is repaired?
niky......
(Querist) 11 December 2015
Sir you are right that defence is not going to be affected, just that some relatives suggested as no internal room major construction should be done when court case is going on. What if the owner falsely claimed that the changes done to our balcony was by us & not him without his permission or so. There is no written notice of repair from owner. Plaintiff keeps doing lots of false allegation. So as a precaution thought if any thing i can do.
P. Venu
(Expert) 11 December 2015
What is the opinion of your advocate?
niky......
(Querist) 11 December 2015
He suggested let owner do the repairs as I cant stop him from doing so. But he also seemed bit unsure of how to prove if need be, that the owner is the one who wanted that repair and not me.
K.S.Srinivas
(Expert) 14 December 2015
Go by the advice of your advocate.
T. Kalaiselvan, Advocate
(Expert) 19 December 2015
There is no harm in the owner carrying out repairs to the balcony. He may not claim that you repaired the balcony during pendency especially when you take secure a video evidence of the construction/repair work. Then it becomes the burden of the plaintiff to prove any such allegation against you.
