Right of Dwelling House
allurisivajiraju
(Querist) 05 February 2010
This query is : Resolved
Respected Seniors,
Two families X and Y residing in single tiled house which was 2 portions situated side by side. The said 2 portions purchased by them independently. There are some disputes arose recently between X and Y, in the result family X decided to demolish his portion and construct a new building in his sight. In fact without damage to the portion of Y, there is no scope to demolish the portion of X. In fact there is no necessary to demolish the said tiled house since it is very strong but only to harass the family Y, the family X decided to demolish the same.
In the above circumstances what is the remedy to the available to the family Y.
Thanking you in advance.
A V Vishal
(Expert) 05 February 2010
Obtain injunction against X from court to stop the demolition on grounds of harm to your property.
B K Raghavendra Rao
(Expert) 05 February 2010
X has every right to demolish his house as he is the owner of his property. His desire is legitimate and not opposed to any law.
If Y is going to be harmed because of demolition, then he is at liberty to seek a direction from the court to X to demolish his building in such a way that it would not damage the building of Y. Till such time the court decides on the matter, you may seek ad-interim temporary injunction from the court.
Adinath@Avinash Patil
(Expert) 13 February 2010
FILE CIVIL SUIT FOR PARMANANT INJUNCTION AGAINST X.IN SAID SUIT FILE AD-INTERIUM TEMPORARY INJUCTION APPLICATION.
