YOGENDER PAL BHATIA Vs. RAJESH ALIAS SONU

JUDGEMENT

(1.) The petitioner had filed a suit, being Suit No. 78/ 2000 (new number), for a mandatory injunction directing the respondents to carry out necessary repairs in a portion of the tenanted premises. It was also prayed that a decree of damages for Rs. 2 lakhs, with interest be passed against the respondents.

(2.) The petitioner filed an interim application for directions to the respondents to carry out necessary repairs during the pendency of the suit. By an order dated 30th October, 1998 the application was dismissed by the learned Additional District Judge.

(3.) Feeling aggrieved, the petitioner filed FAO No. 29/1999 in this Court and by an order dated 27th July, 2000, it was held that the Trial Court had not committed any illegality or impropriety in declining grant of interim relief to the petitioner. It was further held that if repairs were carried out, particularly plugging a hole in the roof, during the pendency of the suit, the grant of interim relief would amount to granting the entire relief of a mandatory injunction prayed for by the petitioner.