RAJBIR MARYA Vs. SURENDER KUMAR KANSAL

JUDGEMENT

(1.) THIS is defendant's revision petition challenging the impugned orders dated 13.04.2010 and 25.03.2010 passed by the courts below whereby an application under Order 39 Rule 1 and 2 was allowed and the petitioner was restrained from raising any construction over the suit property during the pendency of the suit and further prayer of the petitioner was rejected whereby he sought permission to carry out the balance repair work at the suit property.

(2.) BRIEFLY stated, as per the averments in the civil suit, the petitioner is a tenant over the suit property as per agreement dated 05.03.1992. On 20.02.2010, the petitioner illegally dismantled the toilet and bathroom situated in the suit property without the permission and approval of the respondent and made material alterations for which he had no right, title or interest. Respondent made request to the petitioner not to make material alterations but the petitioner refused to accede the request and further threatened to make partition in the suit property with intention to sublet the same. Hence the present suit for permanent injunction restraining the petitioner from raising illegal construction and further restraining him from subletting the premises to any other person, was filed by the plaintiff-respondent. Along with this suit, plaintiff-respondent filed application under Order 39 Rule 1 and 2 for grant of ad interim injunction.

(3.) VIDE order dated 24.02.2010, the parties were directed to maintain status quo qua the construction over the suit property. Thereafter, the petitioner moved an application under Section 151 CPC seeking permission to raise further construction on the ground that toilet and water closet are basic amenities which are to be provided for use of the persons working at the business premises of the petitioner and on account of the status quo orders the doors etc.cannot be put in the toilets etc. as a result of which there was no privacy and therefore the petitioner be allowed to carry out the balance repairs by raising the partition wall of 4" thickness etc.