MUKESH CHANDER SURI Vs. RANJIT SINGH

JUDGEMENT

(1.) This regular second appeal has been filed against the judgments and decrees passed by the learned Courts below vide which suit filed by the plaintiff-appellant for permanent injunction seeking restraint order against the respondent from raising construction or changing the roof has been ordered to be dismissed.

(2.) The learned Courts below on appreciation of evidence have come to the conclusion that the plaintiff has failed to prove that the building was in dilapidated condition or any attempt was being made by the tenant to raise construction as was pleaded and consequently dismissed the suit filed by the plaintiff-appellant. The appeal filed against the said order also met with the same fate.

(3.) Learned counsel for the appellant vehemently contended that in para No. 3 of the plaint plaintiff had taken a stand that the shop in question was in dilapidated condition and that it was unfit and unsafe for human habitation. Learned counsel submitted that in fact, a portion of the roof has collapsed yesterday. It was also pleaded that the defendant was threatening and attempting to reconstruct the roof of the demised shop and to make addition and alterations therein to which he has no right. It was claimed that a valuable right to evict the defendant from the demised shop has accrued to the plaintiff which is being sought to be defeated by the illegal attempts of the defendant.