KARTAR SINGH Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) This appeal is directed against the order dated 1-12-1986 passed by the learned District Judge, Faridkot, setting aside the judgment, and the decree dated 24-1-1984 of the learned Additional Senior Sub Judge, Muktsar, and sending the case back to him with the direction that she should give clear finding as to what repairs should be carried out in the building in dispute by the defendant-respondent bank.

(2.) As suit was filed by the plaintiff-appellant claiming that he is the lessor and the respondent-bank is the lessee of two shops comprised of plots Nos. of 21 and 22 bearing house No. 1422 and measuring 60' x 40' situate in Surja Ram Market, Malout, at a monthly rent of Rs 1500/- in pursuance of a registered lease deed dated 23-1-1979. The respondent-bank has its branch in the demised property. It was alleged that there are many cracks in the property in dispute which have appeared as a result of material alterations made by the bank facilitate its working and that the building in question was heavily damaged when structural changes were effected. A prayer was made for a decred of mandatory injunction to direct the respondent bank to re-build and re-erect the first floor and the roof-slab of the ground-floor of the shops in question with a further direction that it should demolish the old structure and get the same constructed and should pay a sum of Rs. 3500/- towards damages. In the alternative the appellant claimed Rs. 1,42,300/- as over damages for the structural damage caused to the property.

(3.) The respondent-bank denied the allegations. It was alleged that the appellant was estopped from filing the suit. The lease deed dated 23.1.1979 had been executed taking into account all the circumstances. The respondent was already a lessee in the property at Rs. 300/- per month and the rent was increased to Rs. 1500/- per month vide lease deed aforesaid. It was further maintained that no damage had been caused to the first floor of the building in dispute or to the roof slab of the ground floor.