S IBRAHIM KHAN Vs. MOHAMMED NOORULLA

JUDGEMENT

(1.) THIS revision under Section 115 of the CPC is directed against the order of the learned principal District Judge, Mysore dismissing the tenant's revision petition preferred against the order of the learned Additional Civil Judge, Mysore on I. A. I passed in HRC No. 196 of 1998.

(2.) THE petitioner is the tenant of the premises in question which is a non-residential premises. He filed a petition under Section 44 of the KRC Act. He filed an interlocutory application under section 115 of the CPC praying permission to carry out necessary repairs to the petition schedule premises. In the affidavit filed in support of the application, the tenant has stated that the rice bags stocked in the schedule premises are likely to be damaged due to heavy rains and therefore the petition premises requires immediate repairs. He has produced the report of the Regional engineer who has certified that the petition premises needs immediate repairs. The landlord opposed this application on the grounds that such an application was not maintainable either on law or on facts; the tenant had not made out a prima facie case; that the petition is bad for non-joinder of necessary parties as he is a mortgagee in possession of the property; the petition premises is in a habitable and good condition which does not require any major repairs as alleged; whether the petition premises requires major repairs or not is a matter of evidence and the same could be gathered by appointing a Court Commissioner and that the certificate issued by the Regional Engineer is a created paper which cannot be relied upon to grant reliefs.

(3.) THE petitioner had filed an application under Section 115 of the CPC for interim relief praying permission to carry out repairs immediately. The learned Counsel for the tenant relied upon a catena of decisions to convince the Courts below that a Court which has got jurisdiction to grant relief under the CPC has inherent powers to grant interim relief also. Though the learned Civil judge, Jr. Division agreed with the principles laid down by this Court and the Apex Court, he has refused to grant the interim relief on the simple ground that there is no scope for passing any interim order with respect to carrying out repairs pending disposal of the main petition invoking section 115 of the CPC. Learned District Judge has virtually agreed with this view of the learned civil Judge and therefore dismissed the revision.