ANIL KUMAR Vs. RAMMANOHAR

JUDGEMENT

(1.) The appellant-defendants have filed this second appeal invoking Sec. 100 of CPC assailing the judgment and decree dtd. 23/9/2019 passed in civil first appeal No.2/2017 by Additional District Judge No.2, Jaipur Metropolitan, Jaipur affirming the judgment and decree for recovery of damages dtd. 7/11/2017 passed in civil suit No.20/2002 by the Court of Additional Chief Judicial Magistrate No.6, Jaipur Metropolitan, Jaipur whereby and whereunder the following decree has been passed:-

(2.) It appears from the record that appellants are landlords of respondent-tenant. The rented premise is a shop bearing Gate No.7 to 10 at Plot No.570 Golcha Bhawan, 20 Shop, Adarsh Nagar, Jaipur. It is not in dispute that the respondent-plaintiff was in use and occupation of the rented premise.

(3.) Respondent-plaintiff filed a civil suit claiming damages alleging inter alia that landlords started to accumulate the water on the roof of the rented shop in order to harass the tenants and due to which the roof and rented shop bore cracks and the water started to seepage from the roof. It was alleged that the tenant was carrying out his business of medicine and general store in the rented shop and due to seepage water from the roof, there was a lot of damage to the goods. The tenant, initially filed a civil suit for permanent injunction with application for Temporary Injunction. In such proceedings an order dtd. 4/9/1997 was passed by the High Court that the tenant would be entitled to get repairs in the rented premise and the expenses would be borne by the landlords. Thereafter, the respondent-plaintiff got the repair done in the shop, and claimed the expenses to the tune of Rs.39,832.00.