NATHABHAI MAVJIBHAI MER Vs. RATILAL AMARSHIBHAI

JUDGEMENT

(1.) This is the plaintiff's revision application under section 115, C.P.C. arises from the order of the 2nd Joint District Judge, Rajkot dated 26/07/1999 in Civil Misc. Appeal No. 168 of 1998 under which the same was dismissed and the order of the trial court below Ex. 5 in regular civil suit No. 92 of 1998 was made absolute.

(2.) The plaintiff- petitioner is the landlord and the defendant - respondent is the tenant in the suit premises. The defendant - respondent is the tenant since 1964. The premises are admittedly very old and the Commissioner of Rajkot Municipal Corporation issued a notice to the defendant - respondent to repair the cracks of the walls of the suit premises as the walls are slanting and appears to be hazardous for the public at large. In these facts and circumstances, the defendant petitioner took the repairs of the suit premises. The plaintiff who was the landlord has filed the civil suit in the trial court. Along with the suit, he filed an application Ex. 5 and prayed therein for restraining the defendant - tenant not to construct any new construction without his permission. Though initially ex-parte status -quo order was granted to the parties but the learned trial court under its order dated 12/10/1998 rejected the application. The appeal filed by the petitioner was also dismissed. Hence, this revision application before this court.

(3.) Learned counsel for the petitioner contended that the tenant has no right to make any construction in the suit premises which materially alters the same. Notice of the Municipal Corporation is only a concocted document. In the garb of repairs, the defendant respondent wants to make permanent structure or permanent construction.