Parking issue

Hi, I am staying on rent with my family. It's been more than 2 years now they are not allowing me to park my 2 wheeler. Do they have the right to do so.

Firstly if your Landlord and Tenant relationship is oral, you have right on request. Secondly if you have a registered lease agreement then You have a chance to file a suit against the Landlord to permit you to park the two Wheeler and you can get remedy from court by permanent injunction against from Landlord for this issue.

Before going to the court you please let you know that the court may reject your Plaint due to small causes. As per Section 19 for contending that the Court of Small Causes has no jurisdiction to entertain and try a suit for injunction. On this aspect, it must be also noted here that the Sub-Section (1) of Section 41 of the Small Causes Court Act starts with non-obstante clause, which gives overriding effect to the said provision over the other provisions of the Small 19 FA.1647.08.doc Causes Court Act. Therefore, the argument based on Section 19 of the Small Causes Court Act is not available to the Plaintiffs. So my kind advise you sit with your Landlord and explain the situation and on your request he may permit you to park your vehicle. It is my adivse.




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