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Munna Kumar (Personal)     30 September 2013

Getting my right in my apartment

Hello team,

 

This is Munna, I am a resident of an apartment in Hyderabad. In front of my flat there is a 6 feet passage to  come and go to other flats that is written in the sale deed as common use for all the residents of the apartment.

 

Recently after a new building came up just beside my apartment, there is mobile signal problem due to which I can't talk properly from inside my house. So I go outside my house in the passage beside my neighbour's door and talk over phone. This was happening since almost last 1 year.

 

Recently the neighbour who is a renter opened the door while I was talking and started threatening me not to stand in front of his door and talk over phone otherwise the result will not be good, its like beating or killing. Actually it is not just in front of his door but beside. As the passage is just 6 feet so I stand the other wall of the passage not the flat wall.

 

He started using abusive words and defaming me by questioning about my characters and so on. I tried to talk with the association but all says because he is getting problem you should not talk there. I said because of my genuine problem, I have to come out and talk and once I talk I go inside but the renter talks all lies claiming my integrity, character and other things.

 

All the nonsense he talks about me has no proof. I have stayed about 4 years in this apartment and all the other owners said in front of him that you can't claim his character they know me for last 4 years.

 

Now, the point is he even stops me walking in the passage and I should not even go in front of his door in the passage. As that is common so its like limiting my rights to freely move in my apartment. In this situation, I want to register a case to get my rights as this problem couldn't resolve by talking even with the owner of the flat as he also talks the same way.

 

Please advice what should be the best approach to get my rights of moving freely into the apartment.

 

Thanks



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     03 October 2013

The apartment owners Association President can very well intervene and solve the issue.  Further, though it is a common passage, restrictions on the movements of the people can be imposed especially if the affected party complaints that such movements endangers his privacy hence he objects and his reasoning is convincingly justified.

Munna Kumar (Personal)     04 October 2013

Thanks for responding Kalaiselvan,

I do not think I am breaching the privacy as I am outside his house and whenever I get phone calls I go there and the passage is common to commute. Wherever i stand to talk over phone is almost 5 feet far from his door so its is not looking convincing for me that I am trying to breach his privacy.

What should be the next step? I heard that I can also claim the defamation suit as he is trying to defame my character by saying different story without any proof that is a kind of humiliation for me. I heard that defamation suit requires a lot of written proof, is that correct?

Thanks for suggestion and please guide further.


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