Nuisance against our tenant by the neighbour since last 20 years

Dear client, 

The neighbor's repeated actions are considered an unlawful interference with your property rights and a civil nuisance. Since your tenant possesses all valid government licenses, she has no legal right to disrupt lawful business operations or interfere in your primary source of income.

Secondly, to obtain permanent relief, you can file a civil suit for a permanent injunction to legally restrain her from interfering with the shop or filing frivolous complaints. Any violation of a court injunction carries direct legal penalties for contempt. As a senior citizen, you can also apply to the District Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act to seek protective orders for your property and financial security.

Additionally, you should escalate the issue by writing a written turn of events directly to the Police Commissioner or District Superintendent of Police, detailing her false reports and requesting preventive action against her for causing a public nuisance.

Lastly, your immediate step should be to engage an advocate to issue a strict legal notice to the neighbor warning her of civil damages and criminal liability. This formal warning, alongside an application to the Senior Citizen Tribunal, makes an effective deterrent without needing a court trial.

I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank-you.

Dear Client,

You and your tenant have several available remedies. A civil suit for a permanent injunction restraining the neighbour from interfering with the tenant's lawful business can be filed jointly, based on private nuisance, and courts can also award damages for loss of business caused by repeated harassment. Where the neighbour makes repeated false complaints to police or officials, this itself may attract criminal liability for furnishing false information to a public servant, and a pattern of persistent harassment intended to alarm or coerce may amount to criminal intimidation under Section 351 of the Bharatiya Nyaya Sanhita.

On police inaction, since you mention bribery without permanent resolution, a written complaint to the Superintendent of Police or Commissioner, and separately to the State Human Rights Commission or Lokayukta regarding police conduct, should be pursued. If police refuse to register a proper complaint, a private criminal complaint can be filed directly before a Magistrate, which does not depend on police cooperation.

Given your age and health, we would recommend engaging a lawyer to send a strong legal notice first, followed by the civil injunction suit if harassment continues, since a documented paper trail strengthens both the civil and criminal routes.

I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.

Dear Client,

I understand your concern. Based on your legal query, I suggest that you have the option to pursue both civil and criminal remedies. In civil remedies, you have the right to approach the court and to apply for a permanent injunction over your property given for rent, and to also seek the issuance of a restraining order against the neighbor creating nuisance.

In criminal remedies, you have the option to file a criminal complaint against the neighbor under the Bharatiya Nyaya Sanhita, BNS (2023), for creating a nuisance and for criminal intimidation.

Further, you may also approach the Senior Citizens Tribunal, stating that the rental property is your only means of livelihood and that the possession is being continuously disturbed and has caused mental harassment to you.

Hope this answer helps!

For further legal assistance, you can contact us!

OLQ LAW FIRM