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Sidhhi   13 May 2023

Owner's don't care & comply with High Court Orders!

My senior citizen friend is up against the wall as he is pitted against owners who care two hoots for High Court Orders.

As per Consent Terms & High Court Order he is supposed to accomodation measuring 330 sqft carpet in the redeveloped building.

He is was a tenant protected under Bombay Rent Control Act and in the old building he was occupying 330 sqft accomodation.

Inspite of the Consent Terms & High Court Orders the owners have reduced the area of alternate permanent accomodation to 275 sqft. without any intimation and permission of the friend and High Court.

Please suggest remady. TIA


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     14 May 2023

If the owners have reduced the carpet area in the redeveloped flat on their own without obeying the high court order, then the affected person can file an execution petition to execute the high court order to get is correct extent of property.

Alternately he can file a contempt of court petition stating that the owner has disobeyed the court order, however this may not  feth him the proper relief.

 

Sidhhi   14 May 2023

Sir, thanks for your considered opinion. You are absolutely right Contempt Petitions are of no use. My friend spent one lac for the 2 Contempt Petitions and still struggling. What's worst Judges don't approve of costs leaving litigants high & dry. I will suggest him to go for Execution Petition through his counsel.

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