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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What other relieves he got through the Court.

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

You have not posted material facts.

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

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.

 
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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.
(translated by google )
 
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Lawyer

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).

 
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