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Constant seepage from first floor how to file case against landlord


12-Sep-2023 (In Property Law)
I live in a housing society (ground + 3 floors). I have constant seepage from the home above mine. (I live on the ground floor). We've spent a lot of money on getting their floor fixed despite the fact that the landlord of first floor should have done that. We've told him verbally innumerable times that please get your drainage fixed but he has not done anything till now. Now the water is constantly dripping inside my drawing room because his bathroom is illegally built in the front side of his home and he did not get his drainage fixed. We've submitted written complaint to noida authority, nearby police station but no one seems to act on it. Its been gradually dragging on for months. The noida authority CEO has instructed the designated person to submit his report on this, but seems like the department just sits on it and does not act. I've spent a lot of money on electricity getting the above flat problems fixed but all in vain. how do I file a case against him?
Answers (1)

Answer #1
715 votes
According to Section 108 of the Transfer of Property Act, the lessor has to make good the problems being faced by the lessee. If on repeated requests the lessor does not adhere and repair the issue, the lessee can get it fixed himself and cut the amount from the rent. A civil suit can also be filed if the same is not taken up.
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