GEETHA HINDU, MASTER B. RAGHAVENDRA AND MASTER DILIP KUMAR Vs. M/S LAKHANI MARKETING INC., A PARTNERSHIP FIRM - HAVING IS OFFICE AT NO. 130, SECTOR-24 FARIDABAD - 121005 (HARYANA) REPRESENTED BY ITS PARTNER SRI P.D. LAKHANI

JUDGEMENT

(1.) THIS is a defendants appeal directed against the judgment and decree of the trial Court which has decreed the suit of the plaintiff for recovery of money i.e. the advance amount paid at the time of taking the lease premises.

(2.) FOR the purpose of convenience the parties are referred to as they are arrayed in the original suit.

(3.) THE learned counsel for the defendants assailing the impugned order contended, though the plaintiff agreed for adjustment of three months rent, the key of the premises was handed over only in April, 1997 and therefore, the plaintiff was liable to pay rent till the date of handing over of key. Consequently, he contended defendant; is a widow with three children. She has spent considerable amount towards brokerage for making the lease premises suitable for occupation for which also she had incurred expenditure, the premises is situated at the outer ring road of Bangalore and it is not easy to get tenant. The original period agreed upon is six years and they did not remain in the premises even for a couple of months. Under these circumstances, the defendant has sustained huge loss and damages which should have been compensated by adjusting towards the advance amount to be refunded and therefore, he submits the impugned judgment and award passed by the trial Court is illegal and deserves to be set aside.