Legal Advice

My neighbour has damaged my boundary wall

Question: My house is in centre of street and we have two gate front and behind which open in two different streets one street is wider and other street is very narrow, The problem is my neighbour bought house in narrow street which is right next to his own house in wider street and merged it with his house in wider street and did some construction this all happened 5 years ago and now I believe that my neighbour during construction decreased the thickness of my boundary wall between my house and that house in narrow street which he bought from 9 inch to 4 inch What should I do next Please help me it would be a great help.

Advise

Your neighbour has damaged your boundary wall by shaving it during construction of his house. This is a mischievous act which constitutes an offence punishable under Section 427 IPC (Indian Penal Code). Here’s the text of the section:

Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 427 IPC

Certainly, Section 427 of the Indian Penal Code (IPC) pertains to the offence of “Mischief causing damage to the property” In the context of a boundary wall, if someone intentionally damages the wall, and the cost of repairing the damage is fifty rupees or more, this section could be invoked. 

You should file a complaint against your neighbour for the commission of aforesaid offence. In the prevailing situation you can also initiate civil action against your neighbour for making good the loss to your boundary wall and infringement of your property right. You can file a civil suit for damages and claim compensation for the reconstruction of the boundary wall.

Shivendra Pratap Singh

Advocate

High Court Lucknow