MANI RAM Vs. RAM GOPAL

JUDGEMENT

(1.) D. C. Srivastava, J. This is plaintiff's second appeal.

(2.) A suit for permanent injunction was filed by the plaintiff- tenant against the defendant-respondent- landlord praying that the landlord be restrained from obstructing in getting the roof and wall of the disputed shop in the tenancy of the ap pellant repaired. The shop in dispute was alleged to be in tenancy of the appellant on monthly rent of Rs/15/ -. The landlord wanted to evict the appellant and created all sorts of obstructions and made a plan in the year 1982 to forcibly demolish the shop so that it may be vacated. A suit for permanent injunction numbered 311 of 1982 was filed in the Court of Munsif, Hathras in which the relief sought was that the landlord be restrained from forcibly evicting the plain tiff-appellant. The said suit was dismissed, but the appeal was allowed. It was alleged that a wall of the shop and roof were got damaged and demolished by the defendant by digging ditches around the wall. The plaintiff wanted to carry out repairs which was obstructed, hence, the suit was filed.

(3.) THE only point for adjudication in this appeal is whether the suit of the plain tiff-appellant could be dismissed on the ground of bar created by Order 2, Rule 2, C. RC.