PHELPS AND CO Vs. SHALIMAR PAINTS NDMC

JUDGEMENT

(1.) This is a revision directed against the grant of an interim injunction whereby the petitioner before this Court and the New Delhi Municipal Committee have been restrained from interfering with the repairs being carried out by M/s. Shalimar Paints Ltd , respondent No. 1 in the premises situated on the first floor of property No. 9-A, Connaught Place, New Delhi. It appears that the tenancy premises were sought to be repaired by the plaintiff, i.e., the tenant because the roof had deteriorated. The plaintiff had got the roof inspected by an architect, who suggested that the only method of repair was to get the roof renewed. The tenant asked the landlord M/s. Phelps & Co Ltd., to get the suit property repaired in the suggested manner, but the landlord wanted the tenant to be evicted before these repairs could be carried out,

(2.) The tenant then instituted the suit for an injunction and prayed for an ad-interim injunction permitting the work of repairs to be carried on. This injunction was refused by the Subordinate Judge but has been granted by the Senior Subordinate Judge.

(3.) When this revision came for hearing before me, it became fairly obvious that this was a matter of great urgency because the building is in a state of half disrepair and half repair as a result of partial repairs having been made after the injunction was issued. I have heard the parties and have come to the conclusion that this was not the type of injunction that a Civil Court should ordinarily have granted.