MOHAN SINGH Vs. RAGHUNATH

JUDGEMENT

(1.) THIS matter has come up for orders on the application bearing inward No. 12801/26.06.2013 filed by defendant -respondent under Sec. 151 CPC for permission to carry out the repair in the roof of the premises by constructing pucca ceiling by RCC on behalf of respondent No. 1. Application is opposed by learned counsel appearing for plaintiff -appellants and submitted that defendant -respondent is merely a licensee. Originally this Court by order dt. 29.06.2009 required the defendant -respondent to carry out the repairs but that shall not alter or modify the building and shall not damage the heritage look. It was further directed that before making repairs of the particular portion/room, details thereof shall be furnished to the plaintiff -appellant so that he may also look into that.

(2.) LEARNED counsel for plaintiff -appellant submitted that construction of pucca ceiling by RCC may not be permitted and that if at all some repair is required, that should be determined by appointing a Court -commissioner at the cost of the plaintiff -appellant, who can visit the site in the presence of the parties and report the present status of the property.