EDMUOND FRANCIS HEBERLET Vs. MUSTT FATIMA KHATOON

JUDGEMENT

(1.) The Defendant/tenant having lost in the ejectment suit has impugned the decree in this appeal. The Plaintiff/landlord filed the suit on two grounds, namely, default in paying the monthly rent agreed and also for making wrongful, illegal and unauthorised construction of two rooms and other constructions in the tenanted premises.

(2.) The Defendant denied all the allegations contained in the plaint. In the written statement, answering the allegation of unauthorised construction it is stated that because of refusal of the landlord to effect repair the leaking roof, the Defendant was compelled to undertake some repair work in order to ensure habitable condition of the tenanted premises. It is under the law that a prudent tenant is obliged to do so.

(3.) After filing of the suit, an application was made for appointment of Commissioner and the learned trial Judge appointed an Engineer as Commissioner to inspect the tenanted premises whether there has been any construction or the same was unauthorised or illegal. The Defendant/Appellant at that time was not happy with the order of appointment of Engineer Commissioner. Hence, he approached this Court in appropriate manner impugning the said order.