12 August 2017
i am a tenant of 30 year old in a building at ground floor .Area of my premesis is 18 sq.yards out of the total area of 150 sq yards.my landlord is dong illegal construction of three floors starting from first floor with just placing iron garders as base pillars instead of concrete pillars.Due to which major cracks have been occured in my portion & the whole building can collapse anytime leading to major casualties in the area. MY QUERY; how can i immediately get stay order against this whole building.
13 August 2017
Lodge a diary to the police and submit a complaint to the local body then file a case under sec. 144 Cr.P.C in Executive Magistrate Court for immediate restrain. Thereafter file a suit for Declaration and Injunction along a petition under 0rder 39 rule 1 and 2 of the Civil Procedure Code for permanent injunction in Civil Court where the property is situated.
13 August 2017
While filling immediately move the application to take on board or urgent hearing and adv. should present if the injunction is not granted whole building can collapse, make municipal authorities also parties in such case if the emergency clause is used no need for the mandatory notice period. Hon. Court under Sec 151 CPC can wave of all and give orders that time only , Better move tomorrow morning itself
15 August 2017
Before taking any legal step you are required to confirm whether your leave and licence is valid and you have receipt of rent paid to the landlord to establish your landlord & tenant relation?
Besides this, you have not disclosed in which city/town/village you are living as tenant and how much rent you are paying to find out whether provisions of (State) Rent Control Act are applicable or not?
Moreover, did you discuss the issue of development of crack in the demised area under your occupancy (18 sq. yards out of 150 sq. yards) use of iron girders in lieu of concrete pillars and compromising structural stability of entire building of 150 sq. yards?
Presumably you have either "no" or "limited" knowledge of structural engineering, isn't it?
Look before you leap is a sincere suggestion, not an advise.