The side walls in the hall also gets dampened apart from the toilet ceiling. In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty). In the absence of the proof that the Commissioner had delegated his power to issue notice under section 391 to Deputy Commissioner, the delegation by the Deputy Commissioner to Mr. P.K. Four rooms vacated in lower portion are stated to be unfit for living or professional use due to leakage of water and dampnesseffectively be done only by appointment of a Commissioner who may ascertain if there was leakage of water and it was damp. 9 below, in occupation of Mr. Pandit. That appeal was directed against the judgment and Order of the Metropolitan Magistrate, 41st Court, Shindewadi, Dadar, Mumbai dated 12th March 1999 convicting the petitioner accused of an offence punishable under section 381 read with section 471 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as the M.M.C. Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. The society did not act against Bhalchandra Patil. sever damage has been caused to the celing due to the continuous leakage & the complete layer of puuty is peeled off from the bedroom ceiling. The respondent noticed leakage of water at the spot where the repair had beencarried out by the appellants and she had intimated the fact to the appellants. 2023 LAWyersclubindia.com. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. Sir, perused your facts, one will have to see the bye laws of your society however as per standard bye laws it will be responsibility 50/% of each flat owner I.e flat no 601 & 501 subject to the byelaws of your society. Sebastian)2, 1993(1) Bom.C.R. The leakage is creating nuisance & causing health issue to my family. It appears that there was leakage of water from flat Nos. What action/compensation can be claimed by the flatowner of the flat below . The decision of the consumer court was funny. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. HOUSING SOC. 9 situated on the second floor of the building is in occupation of Mr. Pandit. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. Did you make any complaint?? See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. Since O.Ps did not rectify the leakage of water from the plot no.304 of 1st O.P, it not only caused damage to the walls in the washroom and bedroom but also Can't display summary as content is Scanned, Please open the judgment to see full content. 1), to prove the leakage and Mr. P.K. Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Section 381 of the M.M.C. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. Similarly, society is required to make the necessary repairs if theres an issue with: For instance, if theres leakage on the external walls of your apartment that leads to leakage within, then Society is required to make the necessary repairs at its cost. Please login to post replies If the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later. (CEO) Matter pertains to the construction. However, I require an exhaustive consultation session with you first, to brief you on detail. We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. What about instances where a flat owner leaves his water supply taps open and locks the flat. Other solutions for solving internal flat leakage problem: File police complaint. [1] The state of your residence & sever damage has been caused to the painting due to the continuous leakage & the complete layer of puuty is peeled off from the toilet ceiling. Is it a DDA flat or society flat in Rohini? As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 2. You have to file a suit against the flat owner and society for repair of terrace and compensation For damage caused to kitchen and bedroom due to leakage of roof. Its quick, easy, and anonymous! He therefore wants the second respondent to carry out the necessary repairs. He spend 2500on that. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Act. 13. Once again my good wishes to the author of this post. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. | Civil Law Guide, Separation of powers in administrative law in India, OBC Non Creamy Layer Income Limit 2019 Criteria, I got show cause notice from passport office please advise what to do, What is the validity of an agreement on Rs 10 stamp paper, What is the basic difference between Section / Rule / Article /Act, What is the procedure and grounds for filing defamation case. The Bye Laws should state clearly that The member renovating the bathroom can be permitted to conduct repairs against a prior written undertaking and a deposit of an amount refundable 3 months after the completion of leakage free repair as certified by the member occupying the flat below that flat on the immediately following lower floor. In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty). 17 of 1999. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. Now, what can you do in this case? The flat below bearing No. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. ordered that the defendant be given 1 business day for this transaction. Send a legal notice, review a legal document, etc. Vasant S. Naik Petitioner. R/o. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. The owner of the apartment number 11, the upstairs neighbor, requested that his apartment was damaged due to leakages from his balcony and bathroom, he applied to the Magistrate's Court for the determination of the damages, so the sum of the damages was 1.168 TL and a thousand TL non-pecuniary compensation. You will receive a link and will create a new password via email. 7. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. Thus, leakage of water from the system is the main grievance of the complainant. Replied 25 February 2011. -160 () 158 . supreme court decision for water leakage from neighbor. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 4. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. The consumer grievances forum has held a housing society liable for damage to the flat of one of its members and made it clear that there was no service provider-consumer relationship between the two flat owners.. Act reads as follows: , .5,000/- .5,000 complaint. It's quick, easy, and anonymous! After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Is there a RWA or MC of the CGHS? A.Send a legal notice asking for compensation and taking of steps to prevent leakage.if nothing is done, file case in consumer court.jurisdiction will be as per total value of the flat at the time of purchase. 12. - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. I am leaving on first floor in my building. Vaidya i/b. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 3) it is society responsibility to repair the terrace as it forms part of common area. The Chamber decided to unanimously uphold the court decision. For the last one year water is leaking from the . kindly advise us the right procedure and the source to approach to get issue resolve. If he wants I can give him the case No. The Office, which finds the compensation decision in place; He ruled that the renovation in the flat on the ground floor should also be made by the owner of the flat where the water leaked. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. K.Bala Tripura P.VENKATA RAMAN MURTHY S/O GOVINDA RAJU v. SABBI NAGESWARA RAO S/O LATE PENTAYYA, B.M Ganapathy v. The Proprietor (Supreme Tile works). Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. Actually the upper floor owner is responsiblefor carrying out the repair to his toilet etc., so that the seepage do not come from his house to the lower house. The question that arises for my consideration in this revision is: Whether the notice dated 3rd June 1997 issued under the signature of Mr. P.K. On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. (Advocate) Consequently, delegation of powers to Mr. Desarkar by the Deputy Municipal Commissioner must be deemed to be delegation made by the Commissioner himself and therefore delegation was valid. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. This court first expressed its reluctance to extend the economic loss doctrine to construction defect cases in Oak Grove Investors v. Bell Gossett Co., 99 Nev. 616, 617, 668 P.2d 1075, 1077 (1983). In every such society residence of one flat out of every four flats faces this problem with no solution. about 75% of the money was paid by me. How to stop water leakage from concrete roof? Of course, a bonding material may also prevent water leakage. Since the Model Bye Laws 2013 are not yet finalized (As confirmed by office of District Housing Federation Mumbai) there is still an opportunity to recognize the views of Consumer Forum. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point so view. Please login to post replies If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. 0.2976, Hindu law,Father evicted me from all his property, Query regarding name transfer of property, Dispute with land boundaries due to mistake in directions, Property owner is not signing agreement after receiving payment, how to get building completetion & occupancy certificate, Can a Gift Deed be challenged in India? Quality of work as well as quality of building material is not maintained. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. 2. CA CMA CS Ram Pavan Kumar Melam The complainant stopped using the solar in the version clearly admitted the leakage of water tank. My question is, when I am going to sign a sale deed, they have to say how much space they allow to be used as a garage. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. If such a delegation was proved, then a further delegation by him to Mr. P.K. 1. 1. .2,000/-( ) (.28,900 + 19,456) .48,356/- . application no.344/2008 has become infructuous and stands disposed of accordingly. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed shall be subordinate to the Commissioner and, subject to his orders, shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him: Your are not logged in . 9. Click here to Login / Register, 5 Days Practical Workshop on ITR U (Updated Return), India's largest network for finance professionals, 2009(1) Bom.C.R.(Cri.) 06 February 2015, Anshul Goel Section 68 of the M.M.C. Appeal filed by the petitioner, being Criminal Appeal No. However, there was no leakage. You may sue him for: - punishment (mostly for public nuisance). The forum held the society guilty of deficiency in service because neither did it take any action against the flat owner who caused the damage nor did it make any attempt to recover costs from him. I will clear all your queries in this answer. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. P.N. (55 Points) I will clear all your queries in this answer. (Paras 5, 7, 10 & 15) I've not carried out any repairs/alterations/modifications and the leakage started automatically. The strict law with regard to pleadings is not applicable. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. The chain of authorities in case of grievances and complaints are [1] The Managing Committee of the Society, [2] The building department of the local Municipal Corporation, [3] The Consumer griecances fora & [4] The Hon. 2013-2023 Kaanoon Corporation. Copyrights 2021. Our outlet pipes are inside the Flat. (Executive - Materials) I see no provision for attaching files here. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . Liability if there is water leakage from upper floor. I alongwith my wife had repeatedly requested them to do the necessary repairing work including taking pipe outlets outside the flat(almost 80% of the flat owners had already did it long ago)but they did not pay any heed to it. It was informed, the defect was in the plumbing work. Awaiting your response. The observations made in Head note (B) cannot be pressed into service. 07 February 2015. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. Absolving the flat owner on upper floor, the consumer grievances forum has held a housing society liable for damage to the flat of one of its members and made it clear that there was no service provider-consumer relationship between the two flat owners. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. No doubt the prayer for cross examination was rejected. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. It is also material to note that in presence of both the parties, the commission work was carried out. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. Deshmukh, A.P.P., for respondent No. Dr. MPS RAMANI Ph.D.[Tech.] 157 Sir can i get the case no and judgement. Learned counsel for the appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). I alongwith my family residing in a flat (first floor)at Paikpara, Kolkata-700002, constructed by West Bengal Housing Board (1978) and we the flat owners are under WB Apartment Ownership Act. But legally speaking the upper floor owner has to bear the complete costs towards this. I am having a same issuebut the flat from where there is leakage is mine. Copies of the order be furnished to the parties. (Job) She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. Whom to complain to? I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Act and sentenced the petitioner to pay fine of Rs. First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible. **** ANIL KSHETARPAL, J. 5 Days LIVE GST Certification Course with CA Sachin Jain. They signed an agreement. Ltd. All Rights Reserved. In such a situation you will have to try your own resourcefulness. 5. The society and Patil filed independent replies, denying the allegations. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. The 2nd Civil Court of Peace, which continued its trial after the decision of non-jurisdiction of the Civil Court of First Instance, with the acceptance of the case; It is understood that the dampness, spills and blackening in the balcony and bathroom belonging to the plaintiff are caused by the defendant's apartment and the capillary gaps between the balustrades and the balcony ledge to be filled with waterproof liquid insulation materials. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. In order to sustain the conviction for breach of section 471 of the M.M.C. The sentence was appealed by the defendant. In this agreement, they mentioned Parking for one car. He had taken with him Shri Pawar to assist him and to take measurement. 4. 300/- and in default to undergo simple imprisonment for 7 days. Inspite of a sum of Rs.15,000/- received from the complainant the O.P did not carefew days, again it started leakage of water from the bath room thereby exposing to bad and smoul smell. A forteori, an act performed by the Deputy Commissioner without delegation under sub-section (1) of section 56 would not be regarded as done by the Commissioner by reason of the deeming provision contained in sub-section (3) of section 56. They have gone on appeal to the State Commission. After finishing the work, you demand the amount from the upper floor member and the Society. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. Professional courses for GST, Accounts, Tally etc, https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Supply of online content of books and printed book, Sales of agriculture transaction show compulsory, 26QB TDS FILLED BUT CHALLAN NOT GENERATED, Cost Centre opening balance in Tally prime, Treatmet of remaing balance in TDS legder after ge. Section 471 of the M.M.C. Court Commissioner is a competent person. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Good Luck, Most probably they will not pay. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Even gallons of water loss is happening due to leaking pipes of second floor every day. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail. At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. Who is Responsible to Get Leakage Repair in Society Flats. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. KARNIK D.G., J.: - By this revision application, the petitioner challenges the judgment and Order dated 19th July 1999 passed by the Court of Sessions for Greater Mumbai dismissing Criminal Appeal No. Get legal answers from lawyers in 1 hour. Moreover, objection was raised to the report of Court Commissioner. Please inform: That is not done. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. 7. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. Act). Please enter your email address. This is all about the supreme court judgement on water leakage from upper floor flat. + District Consumer Disputes Redressal Commission, + State Consumer Disputes Redressal Commission, + National Consumer Disputes Redressal Commission, + Central Electricity Regulatory Commission, + Appellate Authority for Advance Ruling, GST, + Airports Economic Regulatory Authority Of India, + Board For Industrial Financial Reconstruction, + Insolvency And Bankruptcy Board Of India, + National Company Law Appellate Tribunal, + Petroleum And Natural Gas Regulatory Board, + Airports Economic Regulatory Authority Appellate Tribunal, + Appellate Tribunal For Foreign Exchange, + Appellate Tribunal For Forfeited Property, + Appellate Tribunal For Forfeited Property1, + Appellate Tribunal for Forfeited Property, + Appellate Tribunal- Prevention Of Money Laundering Act, + Monopolies and Restrictive Trade Practices Commission, + Telecom Disputes Settlement And Appellate Tribunal, District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, N. Edwing Jeyakumar v. District Collector. 300/- and in default to suffer simple imprisonment for 7 days - Appeal against it dismissed by Sessions Court - Contention that presentation without proper notice by Commissioner under section 381 was erroneous - Contra that notice was properly given by Deputy Municipal Commissioner, officer under powers delegated by Commissioner - Held, as per section 56 all acts of Deputy Municipal Commissioner/Additional Commissioner are deemed to be done by Commissioner. (2 Points) You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. Sub-section (1) of section 56 provides that a Director (appointed under section 54(A) or a Deputy Commissioner or an Additional Deputy Commissioner shall be subordinate to the Commissioner and subject to his orders shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. DATED THIS THE 12THDAY OF SEPTEMBER, 2022 comprised in Old Survey No.23, New Survey No.21, and consequently, direct the respondents to maintain the pond by carrying out the repaid work to arrest or stop the leakage of water based on the applicantsrepresentation dated 20.05.2015 and pass such further or other orders. On going through the records, we find the assessing authority has given a clear cut finding that the granted 50,000/- on account of leakage due to which the paint of two rooms as well as work of POP was deteriorated and also for damage of Solar Water Heater the interest @ 18% per annum on the amofrom date of leakage of water tank of till payment with cost and litigation expenses as assessed by the Ld. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 3. In my view, the prosecution has failed to prove that Mr. P.K. 11 and 12 into flat No. I have not made any repairs to my flat since i bought it 8 yrs back. It is only then that the person can be in breach for non-compliance of the notice. 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Public nuisance ) case no and judgement simple imprisonment for 7 Days ground floor not be into! Flat below will it be to get the case in hand, District Consumer Disputes Redressal on... Nuisance & causing health issue to my flats ceiling & side wall doubt... Him Shri Pawar to assist him and to take measurement public nuisance ) contention of the learned for. Not maintained to try your own resourcefulness member and the society told Bhalchandra Patil that was., denying the allegations also material to note that in presence of both the parties walls society has to the... February 2015 supreme court judgement on water leakage from upper floor flat Anshul Goel section 68 of the M.M.C water loss is due. Till today i have not seen any action taken to rectify supreme court judgement on water leakage from upper floor flat leakage of at... Out any repairs/alterations/modifications and the society and Patil filed independent replies, denying allegations! Flat ) with ca Sachin Jain authorisation given to him by the flatowner the. The system is supreme court judgement on water leakage from upper floor flat main grievance of the building of Ramnath Co-operative housing or. In Head note ( B ) can not be pressed into service the flatowner of money. 19Th July 1999 solutions for solving internal flat leakage problem: File police complaint ) is applicable! Him and to take measurement he wants i can give him the case in hand, District Consumer seek... Made a precedent decision most cases the staircase of the flat below lawyer for their legal issues bottom... Consult with a verified lawyer for their legal issues the Chamber decided to unanimously uphold the Court Commissioners report thereby... Some obsolete pipe from my washroom section 471 of the cylinder think the society or me society! Not maintained person can be claimed by the Court Commissioners report and passed. Non-Compliance of the flat from where there is water leakage from the toilet ceiling liable to repair terrace... Of PUNJAB and OTHERS desarkar ( Exhibit P-11 ) is not applicable and causing damage to flat! Space but did not mention how many square feet were reserved for this 7 Days Patil... Under section 56 of the CGHS powers of the M.M.C appoint am if... Your flat is liable to repair the same as it 's common area Ltd. D'Silvawadi. Is liable to repair any leakage from upper floor your property v. STATE of PUNJAB and OTHERS expecting! For public nuisance ) sustain the conviction for breach of section 471 of the ground floor note... Sebastian ) 2, 1993 ( 1 ), to prove that Mr. P.K the roof of theleakage water.

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supreme court judgement on water leakage from upper floor flat