RAYMONDS WOOLLEN MILLS LIMITED MADRAS Vs. AZRA

JUDGEMENT

(1.) APPELLANT is the statutory tenant of the premises of which the respondents are admittedly some of the co-owners. It is the case of the respondents who as plaintiffs instituted C. S. No. 225 of 1998, that the appellant tenant has embarked on a wholly impermissible activity against the wishes of the landlord-the activity being the demolition of a portion of the roof, rebuilding the same and strengthening the walls to support that roof in a portion of the premises. Area of the roof so sought to be rebuilt is said to be about 1000 sq. ft. That portion is located at the rear of the premises in the occupation of the tenant, and is in the mezzanine floor. APPELLANT runs a textile show room in the tenanted premises, which is situated in Anna Salai in chennai.

(2.) PLAINTIFFS had applied for, and had obtained an order of interim injunction restraining the appellant from proceeding with that work of rebuilding the roof and strengthening the walls. It is also their case that the safety of the other tenants in the building is endangered by that activity of the appellant.

(3.) 'repairs'is defined in Section 2 (7) of that Act thus: "repairs" means the restoration of a building to a sound or good state after decay or injury, but does not include additions, improvement or alterations except in so far as they are necessary to carry out such restoration.