KRISHAN CHANDA Vs. MOHINDER JIT SINGH

JUDGEMENT

(1.) Appellant impugns order dated 04.01.2021 whereby the Trial Court has disposed of the interim applications filed by respondents no.1 and 2 under Order XXXIX Rule 1 & 2.

(2.) Respondents had filed the subject suit for permanent and mandatory injunction and damages against the appellants contending that the appellants are owners and occupants of the second floor with terrace rights and the first floor has been in their possession which was subsequently bought by the appellants. Respondents are owners of and occupying the ground floor and the basement.

(3.) It is contended that in and around December, 2019, respondents/Plaintiffs started noticing that there was dampness in the master bedroom of the premises at the ground floor. On checking the cause of leakage, it is alleged that leakage was found to be happening from the upper floors i.e. the first and second floors of the subject property.