CHANDU RAM Vs. FARANGI LAL

JUDGEMENT

(1.) THIS is defendant's regular second appeal against the judgment and decree of the Additional District judge whereby the appeal filed by the plaintiff was accepted and thus the suit of the plaintiff was decreed.

(2.) THE plaintiff filed a suit for permanent injunction restraining the defendant from making any alteration, construction, steel/iron shutters etc, on shop No. 3120 situated near Bus stand Bathinda on the ground that the plaintiff is owner of shop whereas defendant is tenant at a monthly rent of Rs. 250/- per month. The defendant has no right to make any alteration in the shop in dispute but all the same he is bent upon putting up steel/iron shutter, Despite request by the plaintiff not to put any shutter on the gate of the shop, the defendant paid no need to his request hence this suit

(3.) THE defendant put in appearance and filed written statement. The factum of tenancy was admitted. He, however, denied that he was making any alteration/construction in the shop in dispute. All the same he pleaded that he wanted to fix up a shutter at, the gate of the shop as quite often his goods were being burgled and on failure of the plaintiff to accede to his just request be has fixed a collapsible gate of his own but the same does not amount to material alteration/ addition. The defendant further averred that he has fixed the shutter in the shop on 6-5-1986.