My Legal Advisor, Lawyers india, free legal advice

Blog

Narender Kumar Nayyar & Anr. vs Deepak Arora on 11 January, 2018

HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J

CM No. 474/2018 (Exemption)

Exemption allowed subject to just exceptions.

CM stands disposed of.

RFA No. 17/2018 and CM No. 473/2018 (stay)

1. This Regular First Appeal under Section 96 of the Code

of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit

impugning the judgment of the trial court dated 26.9.2017 by which

the trial court has decreed the suit filed by the respondent/plaintiff for

a sum of Rs.1,85,000 with interest. The suit was filed seeking

RFA No. 17/2018 Page 1 of 13
recovery of moneys on account of damage caused by seepage in the

property of the respondent/plaintiff. Respondent/plaintiff also claimed

charges towards the replacement of water tanks of the

appellants/defendants by the respondent/plaintiff as also adding of two

additional water tanks. The suit was filed seeking recovery of Rs.

6,85,000/- on account of damages by seepage and replacement of

water tanks and by the suit respondent/plaintiff also claimed damages

towards defamation. The suit so far as the relief prayed for damages

of Rs. 5 lacs for defamation has been dismissed by the trial court and

suit has only been decreed for a sum of Rs.1,85,000/- along with

interest at 9% per annum with respect to charges incurred by the

respondent/plaintiff for repairs to his property on account of damages

caused by the seepage as also for payment made by the

respondent/plaintiff for installing of three water tanks for the

appellants/defendants. Out of the sum of Rs.1,85,000/- a sum of

Rs.85,000/- was claimed towards fixing of the three water tanks for

the appellants/defendants and a sum of Rs.1,00,000/- was prayed

towards the repairs done in the property of the respondent/plaintiff in

RFA No. 17/2018 Page 2 of 13
which damages were caused on account of seepage from the pipes and

water tanks of the appellants/defendants.

Source: Indian Kanoon

Tags
law
Share

About Author

juris

juris

Related Articles

0 Comments

No Comments Yet!

There are no comments at the moment, do you want to add one?

Write a comment

Write a Comment