Inspection of suit premises
KETAN J SHAH
(Querist) 10 November 2014
This query is : Resolved
Respected Sir,
I M the landlord of a property in Mumbai.One of my tenants who is a nursing home and the occupier is the director of this nursing home. In 2002 a suit was filed by me on the previous occupier who sold the property directly to the present occupier. But after persuing the case for 2 years we were forced to take back the suit. On this consent terms were filed. In this consent term there was a clause that the Tenant or the occupier will not carryout any additions/alterations except repairs to furniture, windows etc. However the occupier did not take cognigance of C S and carried out extensive illegal work .I filed a revised suit for this contempt of C S. I filed an application for inspection of suit premises which I was granted from Hon High Court. Now the stage of the suit is my cross is over. The occupier has taken measurements of his premises on his own without the permission of the court.He will bring this new plans to the court.
Now my question is wether a tenant who has done illegal work can take measurement of his premises without courts permission. Secondly when my cross is over will the court admit his plans and report of inspection which will be produced by him.I M the landlord of the premises then how can a tenant produce plans without my signature or consent or approval from the corporation.What action will the court take.
Please advice.
Thanking you in advance
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 November 2014
1]wether a tenant can take measurement of premises without courts permission.
Ans: Can, but not admissible.
2]will the court admit his plans and report of inspection which will be produced by him.
Ans: No, since unilateral.
3] How can a tenant produce plans without my signature or consent or approval from the corporation.
Ans. He can, landlord's approvalis not required
4] What action will the court take.
Ans. In my view court will direct for common survey/measurement and/or ascertain any alterations made & give the findings/order
Hope clear,
ADV JEEVAN PATIL
MUMBAI
