KISHAN CHAND Vs. BIHARI LAL

JUDGEMENT

(1.) This regular second appeal against the judgment and decree dated 31-10-1992 of the learned Additional District Judge, Mandi, at the instance of the plaintiff was admitted for hearing on the following substantial question of law :-

(2.) There existed a shop in the ground floor of the building located in the land measuring 22.52 sq. metres comprising of khasra No. 1298 of Mohal Bhojpur, Sudernagar. The plaintiff was a tenant in respect of this shop under defendant No. 3 on payment of monthly rental of Rs. 25/-. The entire building including the shop was gutted in fire on 9-1-1986.

(3.) The case of the plaintiff is that though the shop under his tenancy was gutted in fire, his tenancy continues to subsist. He, therefore, had approached the defendants to reconstruct the shop and restore it to its original condition. Since the defendants failed to reconstruct the shop and restore it to its original condition, the plaintiff filed a suit claiming the following reliefs :-