RATNAMALA DASI Vs. RATAN SINGH BAWA

JUDGEMENT

(1.) The suit giving rise to this first appeal has been filed by the tenant-respondent against the landlords-appellants for several declarations and reliefs consequential thereto. The declarations are - (a) that he is entitled to fix a collapsible gate at the entrance to his tenanted flat, being the 4th floor of the suit-building, (b) that he is entitled to conversion of D.C. current to A.C. current in the premises, (c) that he has the right of access to the roof of the tenanted premises for the purpose of replacing or repairing the antenna for his Television set, and (d) that he is entitled to regular supply of water during the morning hours, and consequential reliefs are appropriate orders of permanent injunctions to ensure the enjoyment of his aforesaid rights to be declared by the Court. The suit having been decreed is favour of the tenant-plaintiff, the aggrieved landlords have filed this appeal.

(2.) This suit by the tenant has been preceded by a suit by the landlords against the tenant for permanent injunction restraining the latter from making any new constructions, additions or alterations and structural changes to and in the suit-premises. The two suits have been heard together and the suit by the landlords has also been decreed. In the judgment, which is a common one for both the suits, the trial Judge has held that the suit by the landlords for permanent injunction restraining the tenant "from making any permanent construction in the suit premises should be declared"; but it appears that in the decree portion, the Court has permanently restrained the tenant "from making any additions, alterations, constructions and structural changes" in the tenanted portion of the premises.

(3.) Under S.33 of the Code of Civil Procedure, after a Court has pronounced a judgment," on such judgment a decree shall follow" and under O.20, R.6(1), "the decree shall agree with the judgment". Since in the judgment the trial Court has decided to decree the suit restraining the tenant "from making any permanent construction", the order in the decree restraining the tenant "from making any additions, alterations, constructions and structural changes" must be construed to mean only such additions, alterations, constructions or structures which are of permanent nature. A decree must be so construed as to be intra, and not ultra vires the judgment. The approach should be ut res magis valeat quam pereat, so that it may stand and not fail. If a decree, though apparently going beyond a judgment, may reasonably construe to be agreeing with the latter, it must be so construed.