Repairing in property
sarthak
(Querist) 26 September 2011
This query is : Resolved
Sir,
My father filled a case to remove the tenant, but case was dismissed. But problem is our house needs a repairing of first floor can we do repairing?
Raj Kumar Makkad
(Expert) 26 September 2011
I think you would have not taken this ground in your petition.
Jad you mentioned detailed facts of your property and case, he reply would have been definite. Even then, you can do so without permission.
prabhakar singh
(Expert) 26 September 2011
Tenant himself is duty bound to keep property in condition it was handed over to him,and land lord is under duty to keep the building
leak and wind proof,so being the case repairing your building is not only your right but also a legal duty towards tenant ,hence no permission is required to be sought for.
R.Ramachandran
(Expert) 27 September 2011
It is not simple repairing what is proposed.
The problem is in the guise of repairing, the land lord wants to evict the tenant.
In the situation, if the land lord is really interested in the repair of the building, then he should arrange for getting alternate accommodation for the tenant with the agreement and understanding that immediately on completion of the repairing, he would be reinducted into the premises. Without this, there is no other way in which the landlord would be able to carry out the repairs.
Raj Kumar Makkad
(Expert) 27 September 2011
If tenant had taken the ground of repairing of building for eviction and even then his petition has been dismissed in that situation the suggestion of ramachandran would not be useful. Apppeal is the only remedy in that situation.
R.Ramachandran
(Expert) 27 September 2011
Dear Mr. Makkad, it is only the land lord who has approach the court for eviction of the tenant, and the case had been dismissed.
The tenant had only defended himself successfully in the eviction petition preferred by the landlord.
Now, after having lost the eviction petition, the son of the landlord wants to do repairing the building and in that process wants to get the tenant evicted.
prabhakar singh
(Expert) 27 September 2011
The son should and can take now the ground that building is in dilapidated condition and demands reconstruction,if it was not a ground earlier.
