1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. SECOND APPEAL NO.570/06. Babulal Chorulal Nanglia ..vs.. Vijay Shyamrao Harne. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM: C.L.PANGARKAR,J. DATE : 27th February, 2008. 1. Heard Mr.J.B.Kasat, learned counsel for the appellant. 2. This is an appeal by the tenant/plaintiff. The plaintiff had instituted a civil suit for a declaration that he had a right to make use of terrace over his tenement which is let out by the defendant. It is the contention of the plaintiff that he has been using the terrace since 1967 during the summer season for sleeping there. He submits that all of a sudden the defendant/landlord has closed the access to the said terrace and that is causing inconvenience to the plaintiff. The plaintiff, therefore, sought an injunction 2 against the landlord/defendant in the two forms; that he should not prevent the plaintiff/tenant from going to the terrace and that, he should remove the lock put on the door. The trial court had decreed the suit and even directed that the defendant should allow the plaintiff to go to the terrace in order to repair the said terrace and he also directed that the lock should not be put on the door. The appellate court disagreed with the findings of the trial court and reversed the decree. The appellate court found that the terrace was not the part of a tenanted premises and therefore, the tenant had no right to go to the terrace and landlord has rightly put the lock. 3. The learned counsel for the appellant/ tenant submits before me that Section 55 of the Indian Easements Act,1882 permits a tenant to make use of the premises. 4. After having gone through Section 55 of the Easements Act, I find that the submission has no force. What Section 55 of the Act contemplates is that for proper enjoyment of tenanted premises, the tenant can make use of the stair-case which is provided for the said purpose. The illustration given in Section 55 makes it very clear that if the trees growing on the land are sold, the person purchasing it is entitled to go on the land and take away those 3 trees. If this illustration is read, it is very clear that, what is annexed to the licence is only a right of enjoyment of any interest attached to the said tenanted premises. If the defendant/ landlord has prevented the plaintiff/tenant from going to the terrace, the right of the tenant will not be affected in any way in enjoying the tenanted premises as it is not part of tenanted premises or an access to those premises. Mr.Kasat, learned counsel for the appellant, also submitted that the tenant has right to make repairs of the terrace and therefore, for that purpose he should have been allowed to go there and therefore, the decree of the trial court is right. The submission again has no force, because there is no pleading of the plaintiff that he has a right to go to terrace for repairing it. 5. Mr.Kasat, learned counsel for the appellant, has relied on the decision reported in AIR 1990 Calcutta 26 (Ratnamala Dasi and ors. ..vs.. Ratan Singh Bawa) . The facts of the reported case are totally different. In that case, tenant had sought a declaration that he has right to fix collapsible gate at the entrance to his tenanted flat, and that he has right to conversion of D.C. current to A.C.current in the premises, and that he has right of access to the roof of the tenanted premises for the purpose of replacing or repairing the antenna for his Television 4 set and he was entitled to regular supply of water during the morning hours. On facts, I find that this ruling has no bearing on the case at hand. The decree passed by the trial court was, therefore, patently wrong and it was rightly set aside by the first appellate court. No substantial question of law is involved in the appeal. The appeal is dismissed in limine. JUDGE pzc