saraswatidevi m
Asked September 16, 2016

Partition wall in commercial property

  • 1 Answer
  • 234 Views

We require to construct a partition wall inside the Commercial property which was as One property. The other property owner is not allowing us to construct the partition wall. He also threatens us to extreme and attacking us in all possible ways. Though our property is situated in Madurai, I and my family are settled in Chennai. We have no relations nor neighbours nor supporters in Madurai where the property is situated. Is there any legal way by which the Legal Body shall construct the partition wall on behalf of us? I am a widow and am 55 years old, this is my only final bread and butter which I had received after a very long struggle.

Answer 1

It is clear from the scenario mentioned in the problem that a decree for partition has been passed by a court of competent jurisdiction in your favor. The same scenario also prevails wherein, a decree was passed to determine your title over the property. To put it in simple words, you were adjudged as the owner of a portion of your property.

It is a well-established principle in law that owner has the right to enjoy his property in exclusivity i.e. without the interference of others. Therefore, you have the right to construct a wall to enjoy your property in exclusion. The same has also been reiterated by a full bench of the Hon'ble Supreme Court of India in Commissioner of Income Tax, Bombay etc. v. M/s. Podar Cement Pvt. Ltd. etc., AIR 1997 SC 2523: “33. In the meantime, it would not be irrelevant to go into the concept of "ownership". What is ownership after all? Read from the Roman Law to the English Law at the present stage, the medieval stage having been interspersed with different formulae, the position that now juristically emerges is this. The full rights of an owner as now recognized are :

(a) The power of enjoyment (e.g., the determination of the use to which the rest is to be put, the power to deal with produce as he pleases, the power to destroy);

(b) Possession which includes the right to exclude others;

(c) Power to alienate inter vivos, or to charge as security;

(d) Power to leave the rest by will.

34. One of the most important of these powers is the right to exclude others. The property right is essentially a guarantee of the exclusion of other persons from the use of handling of the thing”

Therefore, placing reliance on the aforementioned decision, it can be reasonably inferred that you have the right to construct a wall of partition to enjoy your property in exclusion. Such a wall can be constructed by any person who is acting under your authority.

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