- (1.) In a suit for ejectment the defendant tenant applied for repairs of the tenanted premises. An Engineer Commissioner was appointed by the trial Court. After visiting the locale he gave his report from which it appears that the tenanted premises is badly in need of repairs. Major portions of the repairs are needed in the roof of the tenanted premises. The learned trial Court dismissed the application of the tenant for repairs on the ground that the defendant is a tenant in respect of a portion of the building and that the plaintiff is the owner of that portion. Rest of the building belongs to the other co-sharers and the building cannot be repaired without the consent of the other co-sharers. On this ground the application for repair made by the defendant tenant was dismissed.
(2.) Aggrieved by that order the defendant tenant applied for revision. The revisional Court dismissed the application on the ground that after the amendment of the Code of Civil Procedure the revisional application against such an order was not maintainable. The defendant tenant in those circumstances has come up before this Court under Article 227 of the Constitution of India.
(3.) On 18th August, 03 direction for affidavits was issued but no Affidavit-in-Opposition has been filed. Today when the matter was taken up for hearing a prayer for adjournment was made on the ground of the learned Senior Advocate which was rejected by this Court.;