ROOP CHAND JAIN Vs. V.N. NAIK

JUDGEMENT

(1.) ONE of the defendants had filed this appeal under Section 96 of the Code of Civil Procedure.

(2.) THE respondent No. 1 filed a suit for damages against the appellant and respondents 2 to 5 on the allegation that while constructing the fifth storey over the house of which she occupies the ground floor, a labourer as also a part of the wall fell on her car, which was parked in front of her house. As a result of that, the car was damaged substantially. She claimed damages amounting to Rs. 15, 000/-.

(3.) LEARNED trial Court, on a finding that the appellant was an occupier of the building in question and was in charge of the construction work, passed a decree of Rs. 5000/- against him alone. Hence this appeal.