DAHYABHAI MANCHHARAM BHANDARI Vs. RATILAL MAGANLAL
HIGH COURT OF GUJARAT
DAHYABHAI MANCHHARAM BHANDARI
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(1.) Respondent-tenant filed Civil Suit No. 665 of 1978 in the Court of Small Causes at Surat for a permanent injunction restraining the defendant-landlords from constructing upper floors on the premises which are in his possession. The premises in question consist only of the groundfloor structure. In the suit the tenant made an application for an Interim injunction restraining the landlords from constructing an additional structure on the premises in question. The learned trial Judge made the following order on that application:
"The defendants are permitted to put up construction of first floor and second floor above Chhapari in question provided that they do not put any cement pillars in any wall of the Chhapari and provided that they allow 15 x 6 open to sky chowk between the factory premises and Chhapari.
The defendants shall not also disturb the roof of the Chhapari. The height of the new construction of the Chhapari shall not exceed 29 6 from the ground level."
This order clearly shows that the interim prayer made in absolute terms by the tenant was rejected. The only relief which was granted to him was that the landlords were required to comply with certain terms and conditions if they started construction of an additional structure on the premises in question.
(2.) The tenant therefore appealed against that order to the District Court. The learned appellate Judge allowed the appeal and granted the application in full because in his view the remedy which the landlords have in a case of this type is to proceed under sec. 13A of the Bombay Rents Hotel and Lodging House Rates Control Act 1947.
(3.) It is that order which is challenged by the landlords in this civil revision application.;
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