Money for repair work

Dear Sir, I am one of the small flat owner in ground floor, Chitlapakkam ,East Thambaram. But another flat owner rented his house in 1st floor. Due to over flow of septic tank, we decided to clear this. But 1st floor owner is not willing to share the money for repair work. Because of the over flow bad smell occurring and unable to open the kitchen windows. Is it possible to put the case against him and get the repair amount and mind stress compensation. Please advise.