SK. EKRAMUDDIN Vs. SRI BASUDEB GHOSH AND OTHERS

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been filed by a defendant in an eviction suit against orders, whereby both the courts below have refused to grant repair to the petitioner.

(2.) In the suit for eviction, the petitioner took out an application praying for leave to effect repair of the structure standing on the suit land at his own costs, undertaking not to change the nature and character of the structure in existence.

(3.) It may be noted that no adjustment of the costs of repair was claimed from the rent, nor was a direction sought on the plaintiff to effect such repair.