Whether statutory notice with specific words is necessary to suif for permission to do repairs
sunildatta akole
(Querist) 09 March 2012
This query is : Resolved
Sir, I have file a injunction suit against landlord for not to obstruct me to do repairs of tenantable repairs of the suit property on the basis of a notice issued by me to landlord regarding todo repairs of suit property within 15 days. but the landlord faied to do so, then afterword i have amended the plaint and insert the word "construction of toilet with septic tank and staircase" alongwith to do repairs.
But the court partly allow my suit and partly disallowed my suit. and no injunction is granted to me for construction of toilet and staircase. the finding of the court is that in the statutory notice no single word is mentioned regarding toilet and staircase, and statutory notice is necessary. therefore suit is partly allowed and grant a permanent injunction to do repairs of tenanted premises but reject to construct toilet and staircase.
Now what I can do?
Whether I have filed a appeal or issue fresh notice to landlord and demand to consturct a staircase and toilet? whether this suit is maintainable, is res judicata principle is applicable to that suit?
or Any citation is there to show that no specific word is necessary in statutory notice, repairs involves every types of repairs.
please help me. it's urgent.
Please help me.
adv. rajeev ( rajoo )
(Expert) 10 March 2012
For filing injunction suit notice is not necessary. You can file another suit for injunction, res judicta is not applicable to injunction suits because cause of action is always recurring.
Raj Kumar Makkad
(Expert) 10 March 2012
You should file an appeal against the impugned judgment as there is no mentioned about toilet and stair case as desired.
ajay sethi
(Expert) 10 March 2012
when you issue a statutory notice you have to mention what kind of repairs you desire . admittedly you have not mentioned repairs to staircase and construction of toilet .
since you have been permitted othwer repairs open a dialogue with landlord. request him to permit you to carry out other repair works .
if he dosent agree then move court
