(1.) THE appellants have challenged the interim order dated 4th July, 2014 passed by the learned Trial Court permitting respondent no.1 to carry out certain repairs in respect of the suit property.
(2.) THE appellants are landlords of the suit property comprising of a shop bearing Municipal No.14/5, Yusuf Sarai Market, Aurbindo Marg, New Delhi which is occupied by respondent no.1 as a tenant. The rent of the suit property is Rs.100/ - per month and therefore, the relationship between the parties is governed by Delhi Rent Control Act, 1958. Respondent no.1 instituted a suit for injunction for restraining the landlords from interfering in his peaceful possession and occupation in respect of the suit property and/or attempting to demolish the same. Respondent no.1 further sought injunction against the landlords from dumping any obnoxious/harmful chemicals or other substances or water containing acids/alkali to erode or destroy or endanger the roof of the suit property. Respondent no.1 also sought the relief of perpetual injunction for restraining the landlords from interfering and/or creating any hindrance/ obstacle or nuisance in the necessary repairs. In the alternative, respondent no.1 sought a decree of mandatory injunction for directing the landlords to immediately carry out the necessary repairs.
(3.) RESPONDENT no.1 filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure before the Trial Court to seek an interim injunction in mandatory form for permitting him to carry out the necessary repairs at his own cost and expenses particularly those relating to the damaged roof in the rear portion of the demised premises so as to bring the same into the original condition and to make the premises habitable and safe for human habitation. This application was strongly opposed by the landlords.