LAWS(DLH)-2007-9-242

LAXMI AGGARWAL Vs. UNION BANK OF INDIA

Decided On September 20, 2007
LAXMI AGGARWAL Appellant
V/S
UNION BANK OF INDIA Respondents

JUDGEMENT

(1.) This appeal is directed against the order dated 24th April, 2007 passed by the learned Single Judge whereby the suit filed by the Union Bank of India was disposed of with certain directions as contained in the said order. Being aggrieved by the aforesaid order, the landlady-appellant has filed the appeal contending, inter alia, that the tenants have no rights to bring in any structural change to the said property. It is also submitted by the counsel appearing for the appellant that the impugned order passed by the learned Single Judge is in conflict with the earlier order passed by the learned Single Judge dated 24th April, 2006.

(2.) We have considered the said contentions in the light of the submissions made by some of the respondents who have entered appearance and also in the light of the records.

(3.) On going through the records, we find that the impugned order was passed by the learned Single Judge keeping in view the mandatory requirement of installation of the fire fighting devices and equipments under the provisions of the Fire Safety and Fire Prevention Act, 1986(for short the "Act") and Fire Prevention Rules, 1987(for short the "Rules"). There are disputes between the landlady and the tenants and due to the aforesaid dispute the mandatory requirement of installation of the said devices and equipments could not be complied with. The tenants who are occupying various portions of the said building took up a stand before the learned Single Judge that they are willing to incur expenses as per their share for installing fire fighting devices and equipments so as to be in compliance with the aforesaid provisions of Act and the Rules framed thereunder. They also went to the extent of saying that they give up their right against the landlady for incurring any expenditure for installation of the fire fighting devices and equipments.