1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2143 OF 2008 CIVIL APPLICATION NO. 2143 OF 2008 CIVIL APPLICATION NO. 2143 OF 2008 IN WRIT PETITION NO. 7214 OF 2000 WRIT PETITION NO. 7214 OF 2000 WRIT PETITION NO. 7214 OF 2000 Mr. Issac Martin ... Applicant Vs. (Orig.Resp.No.3) M/s. Unique Cooperative Housing Society Ltd. & Ors. ... Responents Mr. P.B.Gujar i/b. Mr. R.A.Thorat for the applicant. Mr. M.P.Rege for the respondents. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. DATE: 1st April, 2009. DATE: 1st April, 2009. DATE: 1st April, 2009. P.C. P.C. P.C. 1. Heard Counsel for the parties. Perused the report submitted by the Structural Engineer appointed by the respondents. 2. Even the said report does not doubt the necessity of carrying out tenantable repairs. Indeed, in so far as the request of the applicant to allow him 2 to replace the wooden beams on the ground floor supporting the first floor of the suit structure is concerned, that cannot be granted as the report does not support the stand of the applicant that replacement of wooden beams is imperative. In any case, replacement of wooden beams would result in structural change of the suit structure. 3. In the circumstances, this Application is partly allowed by permitting the applicant to carry out tenantable repairs such as internal and external plastering and flooring. However, the expenses to carry out such repairs shall be incurred by the applicant and the applicant shall not claim reimbursement thereof from the respondents. Besides, the applicant will ensure that the stability of the structure is not jeopardised in any manner while carrying out such repairs. 4. It is made clear that the expenses to be incurred by the applicant shall be borne by the applicant exclusively and not to be adjusted towards the future rent. The Application is disposed of in the above terms. 3 (A.M.KHANWILKAR,J.) (A.M.KHANWILKAR,J.) (A.M.KHANWILKAR,J.)