SURESH HALDER Vs. HASI RANI DEB

JUDGEMENT

(1.) THIS application is at the instance of the defendant and is directed against the order dated August 12, 2010 passed by the learned Civil Judge (Junior Division), Third Court, Sealdah in Title Suit No.115 of 1997 thereby rejecting an application for repair of the premises in suit.

(2.) THE short fact is that the plaintiff/opposite party herein instituted a title suit being T. S. No.115 of 1997 against the petitioner. THE petitioner entered appearance in the said suit and he is contesting the same by filing a written statement denying all the materials allegations. He filed an application under Section 151 of the Code of Civil Procedure praying for repairing the premises in suit stating, inter alia, that the property is in damaged condition and the plaintiff has also admitted that the property is in damaged condition and so he has prayed for repair of the same at his own cost. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) IT is also the contention of the plaintiff that the defendant does not reside at the suit premises and he resides at his own house at 50/37, Bidyapith Road, P.O. Birati under P.S. Nimta, Kolkata 700 051 and that he does not pay any rent to the petitioner.