EASHWAR Vs. B SUDERSHAN

JUDGEMENT

(1.) The defendant is the appellant. The respondents filed the suit for permanent injunction restraining the appellant from making any construction or repairs or any superstructure to the premises bearing No. 4-1-156 situated at Subhash Road, Secunderabad, and also for mandatory injunction directing the defendant to dismantle and remove the construction already made by him on the premises. The trial Court decreed the suit and the appellate Court confirmed the same. Thus the Second Appeal.

(2.) The admitted facts are that the premises bearing No. 4-1-156 situated at Subhash Road Secunderabad was let out to the appellant and he has been continuing in possession and enjoyment thereof. On 5/11/1975, the roof portion had fallen down and as a consequence the walls also got damaged and door also has fallen. The appellant has put up the door that was fallen down and he also restored the roof to its original position.

(3.) The case of the respondents is that the appellant did these things without obtaining their prior permission. Therefore, it is unauthorised and unwarranted. According to the respondents, the entire building has been collapsed and the appellant re-constructed the house without their permission which is illegal and unauthorised. Therefore, mandatory and perpetual injunctions for the reliefs referred to above can be granted. That was accepted by the Courts below.