YOGENDER PAL BHATIA Vs. RAJESH

JUDGEMENT

(1.) Appellant is the tenant of premises No. 141/3, Pul Mithai, Teliwara, Delhi belonging to respondent No. 3. He filed a suit for recovery of Rs. 2.00 ' lacs as damages and for mandatory injunction against respondents wherein he filed an application under Section 151, Civil Procedure Code requiring them to carry out necessary repairs in the premises. His case was that respondents had raised illegal construction over the tenanted premises resulting in cracks in the roof and walls, leading to water seepage causing damage to his goods.

(2.) Trial Court on consideration of the matter noticed that the respondent had repaired the hole of the roof during the pendency of the suit and that appellant had failed to show any exceptional circumstance or hardship warranting grant of relief prayed for by him. It, accordingly, declined to grant the requisite relief and dismissed the application. Appellant has filed this appeal against this order.

(3.) Learned Counsel for the appellant relied upon certain documents on record including the report of the Checking Officer of MCD to show that walls of the tenanted shop had developed crack and that there was some water leakage due to the construction carried over it.