SURESH KAPILLA Vs. ASHOK SEHGAL

JUDGEMENT

(1.) Appellant-Suresh Kapilla is a tenant on the top floor of house No. 3285 Sector 15-D, Chandigarh. Plaintiff-Ashok Sehgal filed suit seeking relief of mandatory injunction directing the defendant to remove entire unauthorized construction either temporary or permanent in the premises under his possession. The suit was decreed by Civil Judge (Junior Division), Chandigarh and the defendant-appellant was directed to remove the entire unauthorized construction i.e. left hand side bathroom, toilet and temporary tin shed constructed in the verandah of barsati area of the second floor of disputed house.

(2.) Not satisfied, the defendant-appellant filed appeal which was also dismissed by the Additional District Judge, Chandigarh. Against the concurrent findings of Courts below, the defendantappellant has filed this Regular Second Appeal.

(3.) It is pertinent to take note that the defendant-appellant is not denying the existence of unauthorized construction which has been ordered to be removed from the second floor of disputed house which is under his possession. He has rather taken a plea that temporary shed and store were already in existence when the premises was rented out to him. While taking note of the unauthorized construction on the top floor and appreciating the evidence on record, Civil Judge (Junior Division), Chandigarh observed in para 8 of the judgment, as follows:-