ISARAT MASOOD Vs. JHAVERILAL UMERSHI SHAH

JUDGEMENT

(1.) Rule. Heard the learned Counsel for the parties forthwith.

(2.) The revision-applicant is a tenant in Room No.13, Jhaveri Villa,at 53/59,Lamington Road, Mumbai. The respondent is the original plaintifflandlord. The plaintiff had filed RAE & R Suit No.9/21 of 1991 for eviction on calculated in the said amount. The said order was fully complied with. As the order was totally silent about interest and it did not indicate that interest was not included in the amount. The benefit of doubt on this count could be given to the tenant. The leaned Counsel for the landlord also conceded on this point.

(3.) The second ground on which decree of eviction was passed was about making construction of a permanent nature i.e. loft and attic floor. The plaintiff had led sufficient evidence. This evidence was discussed by the Courts below. The Court noted that on 8.4.l993, a letter was addressed by the landlord to the tenant objecting to her intention to make construction of the loft and the attic floor. That letter was replied on 21.4.1993 wherein she denied any such intention and she clearly stated that she had no desire to construct the sub-floor or the loft as contended by the respondent nor she had any intention to break open the wall between the bedroom and balcony for this purpose. Later on, the amendment was made in the plaint to show that she had actually carried out that work. Evidence of PW-5 - Girish A. Nerurkar, Architect revealed that he had paid visit to the spot for inspection in presence of both the parties and had submitted report dated 14.1.2001 which revealed the existence of the attic floor in the kitchen room with trap door entry and it also revealed that it was constructed of teak wood structural six numbers embedded in thick brick masonry wall with teak wood and due to this there was load on the old walls and thereby the existing brick wall was badly damaged. The wall and building were load bearing and therefore additional weight could damage the walls and cause danger to the existence of the building itself.