Housing sociiety issue
Hema Kishnani
(Querist) 08 May 2012
This query is : Resolved
Sir
I live in a multistorey apartment in surat.i am a teacher n I take private tuition at my place with only a small group of 6 children all below 12 years of age.In the whole of our area ours is the only building where taking tuitions is not allowed as it is considered a commercial activity.I cannot move out to teach nor can i afford a commercial place to teach such a small group.I need your help as to is it actually not permitted to take tuitions as per the society norms?
ajay sethi
(Expert) 08 May 2012
you are staying in society . if simultaneously you are taking private tutions at your residence you can do so . society cannot object to it
ajay sethi
(Expert) 08 May 2012
Yoga Classes :
In the case of Pant Nagar Anandlok CHS LTD. it was decided that carrying out activities like conducting yoga classes in a residential flat does not constitute breach of bye-laws of a Co-op. Housing Society.
The dispute in question had been field by the Pant Nagar Anandlok Co-op. Hsg. Soc. Ltd. against one of its members and his wife, seeking a declaration that the yoga activities of the member were violative of the bye-laws and were illegal. Further the society claimed in the dispute that this member herself or through her agents or servants be permanently restrained by an order or injunction from, in any manner conducting the yoga classes.
It was stated in the complaint that the society received complaints from its members that because of the yoga classes, there was a lot of harrassment to the neighbours, the members of the society and to the public at large. The society particularly referred to the fact that fashionable ladies and girls and hippy type persons visited the society’s premises, who spoke loudly that caused a lot of annoyance. The sandals, chappals and shoes in the passage cause obstruction for use thereof by the members of the society.
The ailing persons, who could benefit from yoga were sometimes referred to her by doctors. On an average in a day, 30 to 40 persons used to attend the yoga classes which she taught between 7.30 am to 7.30 pm.
The Judge referred to some rulings which were as follows :
Lakshman Sintre V/s. Balkrishna K. Shetye, B.L.R. page 937; B.R. Oswas V/s. Lakshmibai B.L.R. page 214; University of Delhi and others (AIR 1963 S.C. page 1873); K. K. Karunanidhi and others (AIR 1073 Madras page 443) Appellate Court; Sant Ram V/s Rajinderlal and others, Supreme Court (1979); V Sasidharam V/s. Peter (AIR 1984 SC page 1700).
Drawing analogy from these verdicts, the Judge, in the case in question, decided that there was no breach of bye-laws or regulations of the society. The Court also directed the Respondent Society to pay Rs. 100/- as costs of the appeal to the appellant.
R.K Nanda
(Expert) 08 May 2012
No more to add.
V R SHROFF
(Expert) 08 May 2012
It is not commercial activity, the flat is used for residential purpose, and does not violate bye-laws, or condition for trf.
Shonee Kapoor
(Expert) 09 May 2012
Nothing more to be added after the explaination and case cited by Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
