Question :

I am residing in apartment consisting ground plus six at ground 6 shops . As per sublease of shops it has been clearly mentioned:
“that the sub lessee(s) of shops shall not do the business in the demise shop premises such as Hotel. Oven and /or any other business which may be nuisance to the lessee and /or Association of the building”
A kitchen is being run in the said premises. Please advice in the light of following circumstances:
1. Could be please define briefly the above clause.
2. Can any hotel or such business operate if get NOC from residence and shop owners
3. It has been run for the last 15 years
4. Residence lodged complaints in various departments but no progress
5. Has union council NOC,
6. Has few residence NOC but not all has ownership in their own name in some case their mother or wives are owners.
7. Has commercial gas connection
8. Can single residence sue a case or need all residence
9. How much cost to spend in case.
10. How long does it resolve
11. Is there any chance to win

Answer:

  1. It clearly shows the violation of the lease agreement, therefore, you may approach to civil court for stary order and specific performance of the agreement. on the other hand, you may file a complaint before Environmental tribunal or direct complaint before Magistrate for public Nuisance. It ll be better to engage a lawyer and then proceeded further as per his directions.

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