JAI DEV SINGH Vs. M.L. KAPOOR

JUDGEMENT

(1.) THIS order shall dispose of Regular Second Appeal No. 655 of 1981 as well as Civil Revision No. 768 of 1995 as common questions of law and facts are involved in both the cases. For the sake of brevity, the facts are being referred from RSA No. 655 of 1981.

(2.) THE respondent-landlord filed a suit for mandatory injunction to direct the appellant-tenant to pull down the unauthorised structure raised by him after 30th September, 1978 and also to pass a decree for permanent injunction restraining the appellant from making any construction or alteration in House No. 112/72-112/75, Ahata A.C. Kapoor and Sons, Ambala Cantt.

(3.) IT has come on record that the demised premises was rented out to the appellant in the year 1948. It comprised of five rooms, out of which four rooms completely fell down due to heavy rains in the month of September, 1978. The fifth room was also in a very bad condition and was unfit and unsafe for human habitation. Initially, the respondent-landlord filed a suit for permanent injunction on 19th September, 1978 along with an application to grant ad-interim injunction in which ex-parte ad-interim injunction was granted by the Civil Court on 19th September, 1978 and Shri Uma Kant Shangla, Advocate, was appointed as a Local Commissioner to visit the spot and report about the existing condition of the tenanted premises. The afore-stated ad- interim injunction, however, was vacated by the Civil Court on 30th September, 1978. The respondent-landlord preferred an appeal against the afore-stated inter-locutory order in which the learned first Appellate Court granted ad- interim injunction vide order dated 3rd October, 1978 which was finally confirmed on 27th November, 1978 whereby the order dated 30th September, 1978 passed by the learned trial Court was set aside. However, during the interregnum, when there was no injunction order, the appellant reconstructed the premises by putting tiled roof. This led the respondent-landlord to amend his suit and seek a decree for mandatory injunction for removal of the unauthorised construction carried out by the appellant.