PRITAM PRAKASH DAWAR Vs. KRISHAN KUMAR BHASIN

JUDGEMENT

(1.) CM No. 5059/2009 (Exemption)Allowed subject to just exceptions.

(2.) THE factual matrix for determination of the appeal is within a narrow compass. The appellant claims to have let out the said premises to the respondents by a written Rent Deed dated 1. 11. 1967 at a monthly rent of Rs. 60. 00 for commercial purposes. The Rent Deed provided for the respondents not to injure any of the walls and portions of the building and for the appellant to carry out the necessary whitewashing and repairs every year. The appellant alleges that they came to know that the respondents had demolished the shop in or around 12. 7. 2008 without the knowledge and consent of the appellant and had also removed the front door of the shop. This gave rise to a complaint to the local police station and it was agreed that no changes would be made by the respondents without prior permission of the appellant.

(3.) IT is the case of the appellant that the respondents themselves damaged the wall for making some electrical installations and the floor was dug up even though it did not require any repair. The plea of the appellant is that no repairs could be carried out without prior notice to the appellant/landlord even if the respondents/tenants were ready and willing to spend the money from their pocket.