MAGANLAL PARSHOTTAMDAS SEVNIWALA Vs. CHIMANLAL DAHYABHAI MODI

JUDGEMENT

(1.) The plaintiff-tenant filed in the Court of the Civil Judge (Junior Division) at Surat the present suit for a declaration that he is entitled to use the latrine situate on the ground floor of the building of which the suit premises from a partHe also prayed for a permanent injunction restraining the defendant-landlord from interfering with his use of the latrine. The premises in the occupation of the plaintiff-tenant consist of a shop on the ground floor The latrine in question is situate on the otta of the house of which the plaintiffs shop forms a part.

(2.) In defence it was contended by the defendant-landlord that the plaintiff has no such righttie pleaded that it was not let out to the plaintiff-tenant.

(3.) The learned trial Judge found that the defendant-landlord had not let out the latrine in question to the plaintiff-tenant. He therefore dismissed the suit.