Legal Question in Landlord & Tenant Law in India

Issue: Second hand smoke from neighbor's tenant::

We live in a colony of independent houses and have a shared common wall with one of our neighbors. The neighbor's tenant is a smoker and he smokes all day in the veranda (front yard) which is adjacent to ours (attached by a common wall), and the cigarette smoke gets blown in this direction entering our living room and bedroom next to it. We have to close our doors and windows most of the time throughout the day or switch on a fan to blow the smoke out all day.

We have informed, requested and complained to the tenant & the owner as well, but the insensitive tenant continues to do the same.

My dad has recently undergone surgery and I am allergic to cigarette smoke (it gives me headaches and makes me nauseated); despite stating health reasons, they aren't sensible enough to stop smoking in the front yard.

Please advise on what can be done. Thank you in advance.

Asked on 5/05/20, 12:14 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

You have a right to fresh air under the Easement Act and accordingly file a suit in the court for an injunction to restrain permanently, the tenant from smoking in the front corridor and also an ex-parte ad interim injunction for the same.

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Answered on 5/05/20, 4:56 am

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