ISHWAR S/O SHYAMRAOJI CHARLEWAR Vs. NANDKISHOR

JUDGEMENT

(1.) HEARD finally at the stage of admission by the consent of parties.

(2.) THE present civil revision application is directed against the order dated 10.11.2000 passed by the learned 7th Joint Civil Judge, Junior Division, Nagpur, in Regular Civil Suit No.1611/2000 and affirmed by the learned 3rd Additional District Judge, Nagpur, vide order dated 1.3.2002, in Misc. Civil Appeal No.450/2001, whereby the application for temporary injunction (Exh.5) filed by the applicant (original plaintiff) came to be rejected.

(3.) THE applicant/ plaintiff filed Regular Civil Suit No.1611/2000 before the Civil Judge, Junior Division, Nagpur against the non applicant/original defendant for permanent injunction, wherein he filed an application for temporary injunction (Exh.5), alleging that the Municipal Corporation House No.53-A, situated in Ward No.126 at Nagpur (hereinafter referred to as the suit house) belongs to non applicant and since last 35 years he is occupying the same as a tenant thereof. The non applicant No.1 is not on good terms with the applicant and is bent upon to evict him from the suit house. House of one Ghate was situated adjacent to the suit house and there was a common wall shown by letters A-C in the plaint map in between the house of Ghate and the suit house. About two years back, the said Ghate had demolished his house due to which the said common wall had fallen down. The applicant, therefore, requested the non applicant to construct the said wall, but the non applicant did not pay any heed to his request and when the applicant himself was ready to construct the said wall, the non applicant objected for the same. The applicant had therefore issued a notice as required under Section 14 of the Maharashtra Rent Control Act, 1999 (hereinafter referred to as the Rent Act), and thereby called upon the non applicant to construct the said wall. The said notice was served upon the non-applicant on 11.1.2000, but in spite of that, the non-applicant failed to construct the wall and carry out the necessary repairs of the suit house. In the meantime, another wall of suit house shown by letters A-B in the plaint map had also fallen down, which also needs repairs. The applicant has a right to make repairs to the suit house after issue of notice under Section 14 of the Rent Act since the non applicant had failed to carry out the said repairs. He, therefore, sought temporary injunction by filing an application (Exh.5).