D D MALIK Vs. S M NEHRA

JUDGEMENT

(1.) DR. S. M. Nehra, took some rooms on the first floor of the three storeyed building built on a plot measuring 300 square yards in Chandigarh on rent in the year 1977 from D. D. Malik and lateron he became the tenant of the entire first floor. When Dr. Nehra got into first floor as tenant he only had a scooter and used to park it beneath the stair-case and during the day he may be keeping it on one side of the drive way so that the landlord could park his car in the garage.

(2.) IN 1988 the tenant purchased a Maruti Car and the problem arose between the landlord and the tenant as to who was to park in the drive way. The drive way was sufficient for parking one ear only.

(3.) ON 20 3-1989 the tenant filed a suit for injunction to restrain the landlord from withholding the amenities of the tenant in-as-much as obstructing the tenant from parking his car in the drive way. Alongwith the suit a* application for temporary injunction was filed, on which ex parte temporary injunction was granted and after hearing both the sides it was confirmed. The landlord went up in appeal and during the pendency of appeal got stay of operation of the order of the trial Court. Ultimately, the appeal was dismissed. Feeling dissatisfied the landlord as come to this Court and while admitting the revision the orders of the two courts below were stayed The net result is that so far landlord has been parking his car in the drive way and tenant is Keeping his car on side payment outside the boundary wall of the house.