ANIL Vs. VAISHALI RAJENDRA GAVDE

JUDGEMENT

(1.) By order dtd. 18/02/2023, the estimate of the structural repairs including the plaster, terrace water proofing, plumbing, painting was noted to be Rs.79,80,000.00. The repair cost was further divided against the head of each of the tenant/the occupant and the tenants, subsequent to the cost to be worked out, addressed a letter dtd. 28/4/2023 to the Court Receiver and insisted for certain conditions, which were rejected by this Court by its order dated

(2.) /5/2023. 2. The scenario which prevail as on today is that, building 'D' requires extensive repairs as it is found to be in an extremely deteriorated condition and the Chartered Structural Engineer has approximated the cost for undertaking the necessary repairs to be Rs.79,80,000.00. When divided amongst the occupants of Janardhan Bhuvan, 'D' building along with the State Bank of Hyderabad, who was in occupation of 1950 sq ft area, but which is presently under the control of the Receiver, there is no contribution at their end. This has overburdened the other occupants and this is the precise contention, which the tenants are putting forthwith.

(3.) Apart from this, though the plaintiff has readily agreed to contribute in terms of the area in his possession, the defendants, who, though claim interest in the property claim complete waiver, and though I have indicated in my earlier order that they are bound to contribute, if at all, the building has to be preserved, which will ultimately have its owner/shareholder, on the Suit being decided, but the defendants are completely silent and they are not even bothered to come before this Court. It has therefore, become necessary that the defendants shall also be brought before the Court and they should also be fastened with some responsibility / liability by contributing to the sum of Rs.79,80,000,.00 which is necessary for carrying out the repairs in terms of Report of Chartered Structural Engineer.