Pawan (Service) 11 August 2010

Injunction against illegal use of residential premises

Hi Everyone

I have purcahsed a Flat in a residential building. The Landowner has entered into Joint development agreement with promoter to develop it as residential building two yrs back . Promoter has got the residential building plan sactioned from municipality. Now after the completion of building ,Landowner is no more the owner of the land and he is having six flats in apartment. He want to use the ground floor flat for commercial purpose.

Now we the other 8 Flat owners has filed for getting the injunction against the the ex-landowner who wants to start the commercial activities ( montessory or pre shool of small kids) in ground floor premises. The District Court has passed the Status quo order for both the parties. I have following doubts in my mind

a) District judge ( Jr. Div) has passed the status quo order on both the parties, instead of providing the clear injunction. Can we fight for the permanent injunction in next hearing which is there after a month.Status Quo order is creating more litigation in our case. Is there is any case law where it has been decided that Judge should avoid giving the Status quo order as it creates more litigation then relief to aggreived.

Though the montessoi school has not started he will show his fabricated records that he is running it for last 4 months. He is taking the admissions issuing the back dated receipts. How we can force him to stop devoiding the court order.

b) He is using the common space to start the play shool or montessori , for which all the flat owners has paid the money . It is going to cause serious threat to our security and peace. How to restrict him from using the common passage to run his business.

c) Can some one run the business of Play shool or montessori in a residential premises as approved by municiplaity sanction plan. What action we can take against him.

d) can we go along with all the 8 owner's family members including Parents , kids, spouse to the court in next hearing, so as to show the judge that so many peolple are in problem because of one of the flat owner, so that we can get the permanent injunction this time.

e) Can we put him in legal trouble and stop him in running his business in some other way as he is using the common passage for which all of us has paid the money as super built up charges.

Your urgent advice/inputs will be really helpful.

Pawan

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(Guest)

You may involve the Collector of your city to the problem of running a school in your Apartments. You may give him a petition to that effect and if there is no reply, forget about the lower Court case and file a fresh Writ Petition before the High Court for direction to the Collector, Educational Department and Police authorities to come to your aid to restrain the running of the School or any commercial activity. Even if the fees is collected, it will not give the management any entitlement to run the School. Hence you don't bother about the collection of the fees from the children. You go ahead steadfast and win the battle.

A Legal Tip: You said the District Judge granted only "Status Quo" instead of an injunction. "Status Quo" is also an injunction only. It means nothing should be done in furtherence of the Order with immediate effect. Till the "Status Quo" order is vacated, it has got powerful legal effect. Plz don't underestimate the Status Quo Order.