SMT ZARINA BEGUM Vs. SHRI ARJUN SINGH

JUDGEMENT

(1.) This civil revisional petition is directed against an order dated Sept. 22, 2010 by which the Civil Judge Junior Division-I at Port Blair permitted the respondent-defendant to carry out repair works at the suit premises. The present petitioner has instituted the suit for eviction on the grounds of reasonable requirement, the dilapidated state of the building and default in payment of rent.

(2.) The petitioner says that substantial progress has been made at the trial and several witnesses have been examined and the petitioner refers to a report having been filed by a local commissioner appointed in the suit to assess the state of the suit premises. According to the petitioner, the defendant has challenged the report and has cross-examined the commissioner.

(3.) The petitioner is aggrieved by the fact that since one of her grounds for eviction is the present decrepit condition of the building, the liberty given to the defendant to repair the building would render such ground infructuous. The petitioner has referred to the provisions contained in Regulations 13 and 28 of the Andaman and Nicobar Islands Rent Control Regulation, 1964. The petitioner says that it is an admitted position that no notice in writing was issued by the defendant to the plaintiff prior to the application being made before the Court. It is also contended on behalf of the petitioner that since no counter-claim has been lodged in the suit by the defendant, it was improper for the defendant to seek an order for its benefit in the petitioner's suit.