LAWS(DLH)-2018-1-28

NARENDER KUMAR NAYYAR & ANR. Vs. DEEPAK ARORA

Decided On January 11, 2018
Narender Kumar Nayyar And Anr. Appellant
V/S
Deepak Arora Respondents

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the judgment of the trial court dated 26.9.2017 by which the trial court has decreed the suit filed by the respondent/plaintiff for a sum of Rs.1,85,000 with interest. The suit was filed seeking recovery of moneys on account of damage caused by seepage in the property of the respondent/plaintiff. Respondent/plaintiff also claimed charges towards the replacement of water tanks of the appellants/defendants by the respondent/plaintiff as also adding of two additional water tanks. The suit was filed seeking recovery of Rs. 6,85,000/- on account of damages by seepage and replacement of water tanks and by the suit respondent/plaintiff also claimed damages towards defamation. The suit so far as the relief prayed for damages of Rs. 5 lacs for defamation has been dismissed by the trial court and suit has only been decreed for a sum of Rs.1,85,000/- along with interest at 9% per annum with respect to charges incurred by the respondent/plaintiff for repairs to his property on account of damages caused by the seepage as also for payment made by the respondent/plaintiff for installing of three water tanks for the appellants/defendants. Out of the sum of Rs.1,85,000/- a sum of Rs.85,000/- was claimed towards fixing of the three water tanks for the appellants/defendants and a sum of Rs.1,00,000/- was prayed towards the repairs done in the property of the respondent/plaintiff in which damages were caused on account of seepage from the pipes and water tanks of the appellants/defendants.

(2.) The facts of the case are that the respondent/plaintiff filed the subject suit pleading that he was the owner of the entire property bearing no. 15A/3, East Patel Nagar, New Delhi. The first floor of this property was sold by the respondent/plaintiff to the appellant no.2/defendant no.2. Appellants/defendants are husband and wife. In the plaint it was pleaded that due to callous attitude and mismanagement of the appellants/defendants the water pipes from the water tanks supplying water to the premises of appellants/defendants at first floor, firstly got rusted/damaged, and thereafter finally burst in the second week of November, 2013. Appellants/defendants did not take the steps to resolve the leakage and seepage to the second floor of the property which was owned by the respondent/plaintiff and thus resulting in damage and destruction being caused to the property of the respondent/plaintiff. It was pleaded that on account of seepage and water retention, the property of the respondent/plaintiff developed cracks and plaster started coming out, and wooden cabinets and cupboards were damaged besides damages being caused to the electrical appliances in the house of the respondent/plaintiff. Appellants/defendants did not pay any heed to the request of the respondent/plaintiff for replacement of the old pipes and the water tanks, and consequently the respondent/plaintiff was left with no option but to carry out the work on his own. Respondent/plaintiff changed the damaged pipes and got installed two new water tanks of 1000 lt. each in place of the damaged tanks of the appellants/defendants, but the appellants/defendants refused to pay the expenses incurred by the respondent/plaintiff, and therefore, the subject suit was filed. As already stated above, the suit was filed for a sum of Rs.6,85,000/- of which the sum of Rs.5,00,000/- was claimed towards damages/defamation and which claim has been dismissed by the trial court, and therefore the only issue which remains is of the decree for a sum of Rs.1,85,000/- along with interest at 9% being passed in favor of the respondent/plaintiff.

(3.) Appellants/defendants contested the suit by filing their written statement. They pleaded that the suit filed by the respondent/plaintiff was a counter blast to the suit no. 14/2014 filed by the appellant no.1/defendant no.1 and which is pending disposal in the civil court. It was pleaded that the suit came to be filed by the appellant no.1/defendant no.1 on account of illegal construction having been made by the respondent/plaintiff in the first floor portion sold to the appellants/defendants and which was not in the knowledge of the appellants/defendants. It was denied that there was any bursting of the water pipes of the appellants/defendants or that there was seepage in the property of the respondent/plaintiff resulting in damages. It was denied that respondent/plaintiff had fixed water tanks for the appellants/defendants.