SHYAM SUNDER AGARWAL Vs. GODAWARI MANSATA

JUDGEMENT

(1.) THE present writ petition has been preferred against the order passed by learned Additional Munsif, Hazaribagh dated 5th July, 2008 in Eviction Suit No. 07 of 1999, whereby, the application preferred by the original Defendant/tenant for repairing of the ceiling was not allowed by the trial court and, hence, this writ petition has been preferred by the original Defendant/tenant mainly on the ground that the landlord is residing on first floor and on ground floor the tenant is having a rented premise and to harass the Petitioner, landlord has caused damage to his own flooring, which is a ceiling of the present Petitioner/tenant and, therefore, water is coming in the shop of the present Petitioner, which causes damage to the clothes etc., therefore, it is submitted by learned Counsel for the Petitioner that let the repairing be allowed at the cost of the Petitioner.

(2.) I have heard learned Counsel for the Respondent/original Plaintiff, who has submitted that they have no objection if the Petitioner is carrying out repair work at his own cost. Moreover, it is further submitted that the landlord has not caused any damage to the ceiling of the shop, which is possessed by the original Defendant. Nonetheless, such thing will not happen again. It is also submitted by learned Counsel for the Respondent that the Petitioner is not examining his witnesses and, therefore, Eviction Suit No. 07 of 1999 is still pending before the trial court.

(3.) IN view of the aforesaid facts and circumstances, I hereby quash and set aside the order passed by learned Additional Munsif, Hazaribagh dated 5th July, 2008 in Eviction Suit No. 07 of 1999 and I hereby permit the present Petitioner/Defendant/tenant to carry out the repair work at the rented premise at his own cost and the Petitioner/Defendant will examine his witnesses in Eviction Suit No. 07 of 1999 within a period of one month from the date of receipt of a copy of this order as well as I hereby direct learned Additional Munsif, Hazaribagh to hear and dispose of Eviction Suit No. 07 of 1999 on or before 29th July, 2011.