OM PARKASH GOYAL Vs. RAM KRISHAN CHHOKAR

JUDGEMENT

(1.) Briefly the facts of the case are as follows : The petitioner having purchased House No. 1199, Sector 8-C, Chandigarh, has become its owner and the same is under the tenancy of the defendant-respondent since February 1969. Undisputably, it is a partially constructed house, i.e. area measuring 845 sq. ft. has been constructed whereas, as per the rules and regulations, an area to the extent of 2000 sq. ft. can be constructed. The total area of the plot is 500 sq. yards. The petitioner wants to construct the unbuilt part of the permissible area. Since the respondent-tenant resisted this effort of the petitioner, the latter filed a suit for permanent injunction restraining the respondent-tenant from interfering in the rights of the petitioner to visit and inspect the premises and to take all steps, including the construction activity over the vacant portion of the demised premises. Alongwith the plaint, he filed an application under Order 39, Rules 1 and 2, Civil Procedure Code, for the grant of ad interim injunction. Though initially the trial Court allowed this prayer made by the petitioner, yet on appeal the learned Additional District Judge, Chandigarh, has dismissed the above noted application filed by the petitioner.

(2.) Having perused the order of the two Courts below, I find that the one passed by the Appellate Court is wholly sustainable. The material factual finding recorded by the Court in this regard is to the following effect :-