TAPAN DIWAN Vs. SURINDER KUMAR CHADHA

JUDGEMENT

(1.) The present petition is directed against the order dtd. 23/5/2019 passed by the Additional District Judge, Chandigarh (for short -the Appellate Court), through which the respondents' appeal, filed by them against the dismissal of their application under Order 39 Rules 1 and 2 CPC, has been allowed.

(2.) The facts, in brief, which would be required to be noticed for adjudicating upon the present petition, are that the respondents filed a suit seeking therein mandatory injunction for directing the petitioner, who was the sole defendant in the suit, to allow them access to the roof of SCO No.1008-09, Sector 22, Chandigarh (for short - the suit property) so that the respondents could repair/replace/re-install the exhaust fan on the roof of the suit property.

(3.) The case set up by the respondents was that they were tenants in the basement and Ground Floor of the suit property where they were running their restaurant and bar. Though they had been in occupation of the suit premises since long, a fresh lease deed had been executed between them and their landlord on 18/1/2018. According to them, the kitchen attached to the restaurant emitted fumes which needed to be sucked out in accordance with the rules framed by the Chandigarh Pollution Control Committee (for short - the Pollution Committee). As per the rules of the Pollution Committee, the fumes from a kitchen of a restaurant were required to be sucked out and thrown into the air from at least three meters from the roof. Accordingly, they had installed a duct at the back side of the suit property connecting their kitchen with the roof of the suit property and on the roof, at the end of the duct, they had installed an exhaust fan to suck out the kitchen fumes and throw them in the air, as per the rules.