There is a 2 ft gap between my house and my neighbour’s. His house has three portions that are rented out. The drainage from these portions is let into the narrow space between our buildings. Some work has been done to direct drainage water to a safer place, but due to a blocked pipeline, water is stagnating for the last one year, weakening my compound wall. I met my neighbour and discussed the matter twice. He promised to rectify it but has not taken any concrete step. I seek your advice on what I can do about this.
M.CHITRARASU
Namakkal
If the act or omission of your neighbour is causing any damage to your property, you have a right to compel your neighbour to rectify the defect forthwith as well as the right to claim compensation for any damage already caused to you on account of his negligence. You may send a letter to him by registered post, follow it up with a notice from your lawyer and in the absence of any action on his part, file a suit before a competent court and obtain necessary orders.
We have a property by inheritance in South India. A civil case has been filed by the so-called legal heirs of the previous owners. The case has been going on in the Munsif Court where it was filed about 22 years ago. We have even got an order from the High Court for speedy trial about three months ago but still it is dragging on. Is there any legal means to move the case either to the next higher court or to the High Court?
K. MADHAVAN KUTTY
Coimbatore
There are several factors which contribute to the delay in court proceedings. It is difficult to suggest a solution without knowing the facts and circumstances of your case.
The advocate representing you in the matter can insist on speedy completion of trial based on the orders of the Hon’ble High Court. Transfer to another court can be done under certain circumstances but transfer to a higher court is not possible at this stage.
