Judgment:
The Court : The claim in the suit is not for eviction but for a declaration that the defendant is not entitled to make any addition or alteration to the tenanted premises as described in Annexure B to the plaint with an additional relief for an injunction on the defendant from changing the nature and character of the suit premises or creating third party rights in respect thereof. On the plaintiffs interlocutory application, GA No. 1267 of 2007, no ad interim order was passed since it was recorded in an order dated March 26, 2007 that the defendant was only carrying out normal renovation and repair work at the shop room.
The defendant filed a subsequent application, GA No. 3855 of 2007, on which an order in terms of prayer (f) of that petition was passed restraining the plaintiffs from interfering with the defendants use and enjoyment of the tenanted premises. The last substantive order passed in this suit was on January 16, 2008 when a Special Officer was appointed for the purpose of ascertaining the then state of the subject shop room.
The Special Officer has filed a report from which it appears that the defendant is using the tenanted premises as a shop and garments and textile are being sold thereat. The Special Officers report speaks of large portions of the tenanted premises being in a dilapidated condition, particularly the roof being extensively damaged in places.
The matter had been adjourned from time to time since the parties had attempted to resolve the disputes with the intention that the defendants occupation and future use of the tenanted premises would not be disturbed but the plaintiffs would be entitled to continue the renovation of the building since the plaintiffs have now purchased or acquired rights in respect of the Great Eastern Hotel and the tenanted shop is in the arcade of the hotel. The parties could not resolve their disputes amicably.
The defendant says that without making any structural alterations to the tenanted premises, the defendant must be left free to repair the extensively damaged roof and walls to enable the defendant to meaningfully enjoy the tenanted premises. The defendant seeks leave to carry out the essential repair works necessary to make the premises habitable.
The defendant refers to the Special Officers report from which it is evident that several portions of the premises lie unused and there are temporary structures of tin and tarpaulin to stop the water leaking from the roof affecting the defendants goods. There will be an order of injunction restraining the defendant from making any structural alteration to the tenanted premises or letting out or creating any third party interest in respect of the tenanted premises or any portion thereof.
The plaintiffs will also remain restrained from interfering with the defendants use and occupation of the tenanted premises. The Special Officer appointed earlier is appointed Receiver over and in respect of the tenanted premises with liberty to the defendant to conduct the essential repair works necessary to make the tenanted premises usable and habitable under the supervision of the Receiver. The Receiver will be paid an initial consolidated remuneration of 3000 GM, 2000 GM to be paid by the defendant and 1000 GM to be paid by the plaintiffs.
The Receiver will remain in symbolic possession of the tenanted premises with the defendant having full right to use and occupy the same without any fetter. The appointment of the Receiver will not stand in the way of the parties instituting other appropriate proceedings if the parties are otherwise so entitled. Prior to the repair works being carried out, the Receiver will give notice to advocate representing the plaintiffs intimating the plaintiffs in advance of the nature of the repair works to be carried out to make the tenanted premises habitable.
GA No. 1267 of 2007 and GA No. 3855 of 2007 are disposed of without any order as to costs.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.