SUDHAKAR SHUKLA Vs. RAJESH KUMAR AGARWAL

JUDGEMENT

(1.) This is a Defendant's appeal against an order of remand.

(2.) The Plaintiff -Respondent brought a suit for an injunction to restrain the Defendants from interfering with the Plaintiff's repairing of the tiles and the walls of the room in his tenancy, to keep it wind proof and water proof. The Defendants 2, 3 and 5 contested the suit. They denied that the Plaintiff was their tenant. In the alternative, they pleaded that the suit was barred by the provisions of Ss. 26, 28 and 38 of the Rent Control Act No. 13 of 1972.

(3.) The trial Court framed seven issues of which issue No. 3 was whether the Plaintiff's suit was barred as aforesaid. This issue was taken up as a preliminary issue. The trial Court held that the suit was barred by those provisions of the Rent Control Act. Accordingly, the suit was dismissed. Aggrieved, the Plaintiff went up in appeal.