Using the common footage area by the tenant - reg.

Vasudevan (Querist) 14 May 2022 This query is : Resolved
Respected Learned Experts, I have let out one shop in the first floor to a tenant. There is one more shop in the first floor which is lying vacant as on date. The steps and the balcony is common for the two shops. However, the present tenant is dumping his material in the stair case and the common balcony so that the other shop was not able to be reached. There is already a litigation is pending on the tenant for eviction. Whether any police complaint can be invoked for misusing the common stair case and balcony against the tenant? If so, under which penal provision be lodged? Kindly advice.
Thanks in anticipation.

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A landlord is seeking advice on how to deal with a tenant who is blocking a common staircase and balcony with materials. This is preventing access to a vacant shop. The landlord wants to know if a police complaint is appropriate or what other legal action can be taken, especially as an eviction case is already pending.

kavksatyanarayana (Expert) 14 May 2022
You can file another case against him for misusing the common stair and balcony.

Advocate Bhartesh goyal (Expert) 14 May 2022
Yes, act of tenant comes under purview of nuisence which is akso a ground for eviction of premises. File another suit for eviction or get amendment in present suit by adding new ground for eviction.

Dr J C Vashista (Expert) 15 May 2022
Issue notice for eviction if the tenant do not clear stairs / passage/ balcony which is not a part of demised premises.
Police has no role in this case.
You may report the matter to local authorities, if you feel so.

Pradipta Nath (Expert) 15 May 2022
File S. 107 crpc petition against the tenant. File a injunction petition as well.

Vasudevan (Querist) 15 May 2022
Much obliged by the replies and the clarifications issued by the Learned Experts.

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