sanjay kumar jain 07 April 2020

roof right of an old building

The adverse occupation of the neighbor was declared by the court on the rooms on the roof of our shop and on the open terrace. Now that part is being damaged. Is the neighbor entitled to rebuild.

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12 Replies

N. Sivaprakash, Chennai 984099 (Advocate) 07 April 2020

What other relieves he got through the Court.

Shashi Dhara 07 April 2020

He cannot rebuild because it is not immovable property..if he try to built take stay against it in civil court.

P. Venu (Advocate) 07 April 2020

You have not posted material facts.

sanjay kumar jain 08 April 2020

as per decision of that case it stood proved that plaintiff appellant had permitted the defendent respondent to raise construction on his roof and it was agreed between the parties that the respondent would hand over the structure raised by him to the appellant if the latter pays him the cast incurred in raising the construction . the appellant asked him several times to give an account of the expenditure incurred by the respondent but each time the latter avoided. the appellant as such filed suit for specific performance of the agreement .
as per decision of ADJ Court (in distt. sehore MadhyaPradesh ) the agreement stood proved and was also held enforcible but it was held that after avoidance of the performance several times by the respondent and the appellants failure to file suit within the prescribed period of limitation . as such the suit for specific performance stood dismissed as time barred .

sanjay kumar jain 08 April 2020

thanks shri Shashi dhara , Shri P. Venu Shri N.Shivprakash for valuable advice .

P. Venu (Advocate) 08 April 2020

Yes, this is not a case of adverse possession. Moreover, the cause of action also appears to be continuous and hence, in my view, the question of limitation was wrongly decided.

sanjay kumar jain 09 April 2020

The appellant was my grandfather, because of adverse circumstances, he could not take the decision of adj for appeal in the High Court. What is the legal position of the defendant on our roof based on the decision of the ADJ Court? Are we obliged to allow the above damaged structures to be rebuilt? Our shop is also old.
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Dr J C Vashista (Advocate) 09 April 2020

Mr. Sanjay Kumar,

Facts posted by you are not very clear and vague hence it is difficult to form an opinion and oblige.

What is the opinion and advise of your lawyer who is well aware about facts and cirucumstance of the case, an intelligent, competent and able person to satisfy your queries ?? Proceed accordingly if you have faith in him/ her (your lawyer).

sanjay kumar jain 25 September 2020

Sir, what facts of this episode should I present to you so that I can get your important advice. As per the judgment of the Sessions Court, a contract was proved but the plaintiff / appellant did not submit the claim within a period of time to get specific relief and hence failed to get the structure back on its roof. Please guide that now that the above structure is broken, does the defendant have the right to reconstruct it by taking the base from the lower part ie the plaintiff's undisputed shop?

P. Venu (Advocate) 25 September 2020

What prevents you from posting material facts, the simple facts avoiding assumptions presumptions and subjective opinions.

sanjay kumar jain 26 September 2020

roof right of an old building

Total Replies : 11

sanjay kumar jain 25 September 2020Sir, what facts of this episode should I present to you so that I can get your important advice. As per the judgment of the Sessions Court, a contract was proved but the plaintiff / appellant did not submit the claim within a period of time to get specific relief and hence failed to get the structure back on its roof. Please guide that now that the above structure is broken, does the defendant have the right to reconstruct it by taking the base from the lower part ie the plaintiff's undisputed shop?

P. Venu 25 September 2020

What prevents you from posting material facts, the simple facts avoiding assumptions presumptions and subjective opinions.

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sanjay jain 07 August 2021

Sir, the structure on the roof of my shop is occupied by the neighbor which is now falling apart. I do not wish to allow him to rebuild it even though he considers himself the owner of the structure after our failure to claim specific relief. The shop below is undeniably ours. 1 Will we become the owner again if that part of the upper part is broken? 2 Does he have the right to rebuild the structure ?
3 Will he get the benefit of the provisions of the Madhya Pradesh prakoshth adhiniym
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