SHIV GARMENT Vs. SURYABEN KANTILAL MEHTA

JUDGEMENT

(1.) The Petitioner / Original Plaintiff has preferred the present Petition under Articles 14 and 227 of the Constitution of India, challenging the order passed by the learned Chamber Judge, Court No.22, City Civil Court, Ahmedabad (hereinafter referred to as "the learned Judge") below Application Exh. 48 in Civil Suit No. 1224 of 2015, whereby the learned Judge has rejected the Application Exh.48 of the Petitioner / Original Plaintiff, whereby the Petitioner / Original Plaintiff has prayed for necessary repairs in the suit property.

(2.) The facts leading rise to the present Petition in nutshell are that the petitioner is the Original Plaintiff and the Respondents are the Original Defendants in Civil Suit No. 1224 of 2015, which is filed for permitting repairs in the property situated at Godown No.58, Balaji Estate, Narol, Isanpur, Ahmedabad of which the owners are the Respondents / Original Defendants. The said property was taken on rent in the year 2003. The Petitioner is doing the business of selling readymade garments from the suit property. That the portion of suit premises is broken and would likely to cause injuries. The Petitioner is the tenant of the disputed property and is paying regularly rent to the Respondents. As far as the ceiling portion of the rented premises is concerned, there is some damage to the same for which they have produced some photographs and have stated that in the go-down, the workers are doing the work and there are all chances that the said portion of the ceiling can fell down and so the portion is required to be repaired and though its was let known to the Respondents, the Respondents are not getting it repaired and so the relief for repairing the same was made before the Trial Court which came to be rejected. Being aggrieved by the same, the Petitioner has preferred this Petition.

(3.) Heard learned Advocate Mr. N.S.Sheth for the Petitioner and learned Advocate Mr. R.C.Jani for R.C.Jani and Associate for the Respondents.