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Tenant renovating the room without owners knowledge

(Querist) 03 September 2015 This query is : Resolved 
Sir,

We are owning a building in that there's one lawyer residing and he is renovating his office room by investing 1.5lakhs without my knowledge and he is planning to ask the amount back once he is done with that. Due to our financial situation we don't have that much money to return him, from other tenants in that building we came to know this matter. My father expired recently and if other people in my building also start doing like this then what I can do, please advise me legally, if we meet them in court so do I lose getting my rental monthly or do I need to get it from court, If I go to court how long this case will run and what is the solution for,waiting for your valuable suggestions
Anupam Lahiri (Expert) 04 September 2015
Vijay,
The case brings the fundamental question about the efficacy of the legal system.

You can always go to the Court for getting injunction and determine the tenancy on account of undertaking renovation without your permission.

As you have already mentioned that your financial position is not so sound, why should you take risk of being involved in a civil case, that too against a lawyer. You have to pay the court fee, pay the lawyers' fee and what not.

Better course is to settle the issue personally protecting your interest.
Biswanath Roy (Expert) 04 September 2015
What do you mean by renovating? Has he changed its shape , structure or original character of the tenancy. If he does so then it is illegal otherwise repairing the damages caused due to natural wear and tear in the tenancy is his legal right. If any major repairing is needed the tenant first approach you and request you for repairing if you do not repair it then by taking permission from the court he can make major and substantial repairing costs and expenses of which shall be adjusted against his rent payable.
Rajendra K Goyal (Expert) 04 September 2015
Agree with the expert Biswanath Roy.


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