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kavita (Junior Advocate)     11 September 2011

Business activities in residential room, eviction, damages.

Hon'ble Members,

I am stuck with a problem here. I have a client who stays in a chawl located in south mumbai. There is one person who is an owner of another room who let out the same to one goldsmith to undertake his business activities. So in short that other person has let out his room for non-residential purpose to the goldsmith. My client says that since the activities of goldsmith are illegal and  creating trouble for him and his family he should be evicted from that place. the land lord who let out his room to goldsmith is not at all listening to my clients. therefore, my clients wants to take legal action against goldsmith and the land lord. Can i file "injuction" suit ? which court is competent to redress such kind of disputes? i am confuse. i want to help my clients by evicting the goldsmith who has got the room for non residential purpose which is illegal. Also, due to the activities of Goldsmith and his workers my clients room has suffered gross damages too as the room which is being let out to goldsmith is located directly above the room of my client hence we are planning to claim damages too.

in brief --> i am planning to evict the goldsmith and claiming the damages for my clients.

which court is competent to deal with such kind of disputes?

kindly help me. i never come across such type of case in my very small career.   

Thank you....

Adv. Kavita



Learning

 1 Replies

jeetendra patel (lawyer)     11 September 2011

DEAR COLLEAGUE,IF ONES LEGAL RIGHTS ARE INFRINGED  THEN ONE CAN FILE A SUIT FOR INJUNCTION RESTRAINING THE PERSONS IN ENJOYMENT OF YOUR LEGAL RIGHTS. IN YOUR CASE BY NO MEANS YOU CAN EVICT THE GOLD SMITH.THE REASON BEING HE IS THE LAWFUL TENANT AND LANDLORD IS WITH HIM.

YES AS FAR AS DIRECT DAMAGES ARE CAUSED TO YOUR CLIENT DUE TO BUSINESS OF GOLDSMITH YOU WILL HAVE TO MAKE OUT A CASE BY MAKING DETAILED PLEADING WITH SUPPORTING DOCUMENTARY AND ORAL EVIDENCE.

YOU CAN MAKE COMPLAINANT WITH THE LOACL AUTHORITY i.e.B.M.C FOR HIS BUSINESS ACTIVITIES IN RESIDENTIAL AREA.

YOU WIIL HAVE TO FILE SUIT FOR INJUNCTION IN CIVIL COURT.

ALL THE BEST.

J.P.PATEL ADVOCATE.(9921158871) PUNE


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