SURENDER BALA Vs. SANDEEP FOAM

JUDGEMENT

(1.) By this application the plaintiff wants a decree to be passed on the basis of the admission made by the deft. in their w/S. and replies filed to various interim applications.

(2.) . Brief facts are that the plaintiff herein is the owner of property No. C-727, New Friends Colony. This property was leased out to the deft. No. 1. Tenancy has since been terminated by the plaintiff. According to the plaintiff, the deft. carried out illegal and unauthorised construction of wall in the drawing room. It is further the case of the plaintiff that as per the terms of the lease deed and in particular Clause 10, the lessee was not to carry out any additions or alterations in the premises in question; nor permanent gadgets or fixtures without the written permission of the Lessor could be affixed. As per the terms of the lease deed, the tenant could not make any structural changes in the tenanted premises. Whereas as per defendant's own showing in the w/S. the deft. have made structural changes and have constructed a wall in the drawing room by closing the show case. The wall starts from the closed show case towards another newly constructed wall thereby facing each other at right angle. Therefore, in view of this breach of the terms of the lease deed as admitted by the deft. the plaintiff is entitled to a decree as prayed forthwith.

(3.) It is not disputed that defts. have made these structural changes and have admitted the same. These are also apparent from the photographs filed on record which show newly constructed wall. Defts. in the w/S. have admited that no written consent was obtained for construction of this wall rather in reply to the plaintiff's application, deft. have admitted that the wall was constructed, by them in the drawing room, but tried to justify the same by saying it was permitted by this Court vide order dated 12.10.93. Hence according to plaintiff in view of this admission of the defts. made in reply to IA No. 101/93, decree should be passed forthwith.