MILAN KUMAR DEY Vs. BIRENDRA KUMAR AGARWAL

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed against the order dated 30.11.2009 passed by the Additional District Judge, Chaibasa in Misc. Appeal No. 6 of 2009 whereby the order dated 18.7.2009 passed by the Munsif, Chaibasa in Eviction Suit No. 8 of 2008 has been set aside.

(2.) The defendant-petitioner-tenant filed a petition for injunction restraining the plaintiff-respondent-landlord from storing water over the roof of the suit premises on the ground that the same is percolating. The learned Munsif allowed the prayer by restraining the plaintiff from storing water in the water tank situated on the roof of the tenanted premises in such a manner that roof of the tenanted premises may not be used for storage of water and thereby cause to leak the roof. Against the said order, appeal was filed by the respondent-plaintiff. After hearing the parties, the appeal has been allowed and the said order dated 18.7.2009 passed by the Munsif has been set aside.

(3.) It appears that the pleader commissioner was appointed who found that moisture was present in an area 10' x 5' around the water tank and he did not find any sign that roof of the suit premises is/was being used for storage of water through mechanical process so that roof may leak.