LEKH RAM KHARI Vs. KRISHAN KUMAR VOHRA

JUDGEMENT

(1.) The appellant is aggrieved by an order dated 12th October, 1994 passed by Shri S.L. Bhayana, Additional Districts Judge, whereby the learned Judge restrained the appellant, his wife, son, etc. from interfering with the respondent carrying out repairs in the tenanted premises bearing No. WP-552, Village Wazirpur, Delhi-52 and from removing the debris left by the Appellant. The respondent was further permitted to carry out the repair of the entire tenanted premises including the roof and the walls which had been damaged. Respondent was permitted to remove the debris and offer it to the appellant. In the event of appellant not accepting it, the respondent was free to dispose of the same.

(2.) The relevant facts as per the Appellant are :-

(3.) The respondent has refuted the allegation of any agreement having been arrived at in terms of which the respondent was to vacate the entire tenanted premises to enable the reconstruction of the entire building. It is stated that possession of one room was surrendered by the respondent in exchange of another room. The Appellant was to carry out the construction and it was for this reason that one of the rooms had been surrendered and possession of another room was taken. The appellant landlord had specifically agreed to carry out the repairs of the remaining tenanted premises, which he refused to do. The respondent's case is that after demolition of the first floor, the landlord intentionally kept the debris on the roof of the tenanted premises, which damaged the roof and ultimately resulted in the roof coming down the factory of the respondent being closed. It is stated that the appellant landlord used to open the water tap on the debris which would accumulate there and then flow into the tenanted premises.