As president of an apartment assoociation in Maharashtra , I want to file alwsuit on an errant Apartment Owner who is forcibly occupying two stilt parking car slots in contravention to deed of declaration. Promoter has duped him by illegally putting in his sale deed an untenable covenant that reads like transfer of property rights. But parking slots do not appear any where in schedule of property. Deed of declaration desribes parking area a common area as does the main Act, What shall be court fee for---
1. Temporary injunction agianst him under CPC Order 39 Rule 1c adn Rule 2
2. Prepetual injunction under Special Relief Act ( 1963) against errant to treat and allow others to use it as common area as stated in Maharshta Apartment ownership ACt as well as deed of declaration.
3. Damage decree under Specail Relief Act ( 1963) , for a sum of Rs 500/- for every day of tort of encroaching the common parking area starting from 2 months back when the encroachment began.
4 Declaratory decree that the parking of this comndominium is a commona area
5. Rescinding the unlawful covenannt in the sale deed of erring apartment owner, again under section 31 and section 32 of Special Relief Act.
Court fee factor is imporant as I alone shall have to shell out for otherwise a common cause . The other excutives do not support my idea of lawsuit becasue of expenses involved. Can someone guide please.
