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KUMARESAN A Man of positive thoughts (CGE)     30 September 2011

Neighbour's threatening

A builder constructed a north facing twin house comprising 900 sq ft building out of 1750 sq ft land. One portion comprising 450 sq ft building out of the 875 sq ft land (1750 / 2) was sold to a person and other portion with equal area (corner side – north and west facing) was purchased by me during the year 2003.

Presently, I have been constructing first floor comprising all the land area i.e., 875 sq ft. The ground floor has also been extended upto the southern compound wall. I must say that the southern compound wall has been extended upto the roof of first floor. No windows have been installed in the southern wall except small windows in first and second floors with the openings facing inside the room.

My neighbour, who is living next to my southern wall and who was also quite silent even after the southern wall was constructed to its full length, is now not allowing to plastering the southern wall at the side of the wall facing his residence. The wall has been constructed quite within the limit of my area. He has still about 7 ft of empty land after my full length southern compound wall. He has also been threatening from time to time. I shall not be in a position to withstand his threatening due to my physical handicap.

Under the circumstances, I may kindly be apprised of what should I do to plaster the southern wall and escape from the neighbour’s threatening.



Learning

 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     30 September 2011

Dear Kumaresan

You can send an application to your nearest police station regarding this with mentioning all the facts and circumastances

M V Gupta (Advocate)     01 October 2011

Reporting to the Police may not yield the desired result. If there is threst to peace and trnquility then only the police will interfere. Otherwise they may simply record a non cognisable offence and close the issue. The only remedy is to file a suit for mandatory injunction directing  your neighbour to allow u to complete the plastering of the newly constructed wall and not to prevent u from doing so. 

KUMARESAN A Man of positive thoughts (CGE)     30 January 2012

Thanks Mr.Gupta. But will there it be a problem for me if I approach court for mandatory injection as I have constructed house deviating from the approved building plan?

KUMARESAN A Man of positive thoughts (CGE)     25 May 2012

In continuation to my earlier queries, I further state that my neighbour, who is not allowing plastering of my wall, is now demanding a sum of Rs.7 Lakh to allow me to enter his land and plaster my wall.  This information was provided to my brother-in-law who approached him for permission for plastering.

In this regard, it is further stated that my neighbour working in State Generation and Distribution Corporation Limited.  He has, also, been extending his house in first floor availing his office loan with his unaccounted source of income with a large budget.  He gave the construction work to a contractor and the work has come to a halt as he is not able to pay money to the contractor.  The contractor will resume the work, only if he provides him money.

It appears that because of this and to repay his borrowed money (for huge interest), he is demanding money from me.  I am not in a position / willing to provide any money to him.

Under the circumstances stated above, please suggest as to what to do for plastering the wall.  Whether he can legally ask for such a huge amount?  I want to plaster the wall before the onset of monsoon as during raining season water is leaked into the wall.


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