Severage pollution in joint house

Rekha (Querist) 17 January 2017 This query is : Resolved
Dear expert.... Regards to all

Please suggest...my family and family of cousin brother of my husband residing in a joint house. In the common courtyard of house they have a sever tank which when they used , a very very bad odour arise to such extent that we can't take fresh breath during such time.
What should we do...either complaint u/s 133 CRPC or send a legal notice ...
Whether we can take permanent injunction against second party and sealed their toilet ( in their own share the made) and sever tank made in common courtyard even there are joint toilet of old style in joint share but they don't use that.

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Guest (Expert) 17 January 2017
File A Suit for Legal Partition which would be the Permanent Remedy.It would take the Same time for the Case you file for your Interim Solutions.For your Present Issues A Police Complaint could Fetch the Results.

Ms.Usha Kapoor (Expert) 17 January 2017
Agree with Raj Kumar alias Nrasimha.

Rajendra K Goyal (Expert) 17 January 2017
There must be some defect in the system which need to be repaired.

Have mutual understanding, calculate legal expenses if you go to court.

The repairing can be carried out in expected legal expenses of both sides. Saved time, saved tension would be bonus. Try to have amicable settlement. It would save the relation with your next neighbor relative.

Rajendra K Goyal (Expert) 17 January 2017
If the other party is adamant in not arriving at an amicable solution, discuss with local lawyer and proceed to get court orders accordingly.

Sudhir Kumar, Advocate (Expert) 17 January 2017
133 Cr PC is better and faster remedy.

Adv Prashant (Expert) 18 January 2017
Whether lawyers notice should send first or CRPC 133 should proceed first...
Can we get injunction order against this.

Dr J C Vashista (Expert) 18 January 2017
Before restring to any legal remedy, have you discussed the issue with other party?

Prefer amicable settlement to any relief through legal system, which is expensive for both parties, earning bitterness, torturous, full of tension, time consumed and result is indefinite.