JIVRAJ GALA Vs. S.M. KHATRI

JUDGEMENT

(1.) The petitioners original defendants are the trustees of "Shri Lohar Ram Mandir Trust". The property bearing House No. 137-139 North Brook Street, Bombay, belongs to the trust. Respondent-plaintiff is the tenant of the trust in respect of Shop No. 3. In the month of Aug. 1961 the Bombay Municipal Corporation served the trustees with a notice under section 354 of the Bombay Municipal Corporation Act requiring them to make certain repairs to the property. By that notice the occupants were directed to repair the decayed wood work roof of the shop occupied by the plaintiff and the rusted and worn out C.I. sheets. It appears that the trustees had not sufficient funds for effecting the said repairs. On Sept. 6, 1961 the plaintiff himself applied to the Bombay Municipal Corporation and on Oct. 12, 1961 the Corporation informed him that he was authorised under section 499 of the Act to carry out the work as required by the notice, which was addressed to the trustees. He was to recover from the trustees the reasonable expenses in curred by him in carrying out the said work. The plaintiff did carry out the work and the letter dated June 1, 1962 received by him from the Bombay i municipal Corporation shows that it was done to their satisfaction.

(2.) On June 20, 1962 the plaintiff by notice called upon the trustees either to pay the amount of the expenses to the tune of Rs. 1611.50 or adjust the same towards rent. The trustees gave a reply dated July 11, 1962. They disputed their liability to pay the amount.

(3.) Thereafter the petitioner-plaintiff filed a suit in the Court of Small Causes at Bombay against the trustees for recovery of the amount.