ABNASH RANI SURI Vs. SANTOSH CHOUDHARY

JUDGEMENT

(1.) In this application under Section 151 of the Code of Civil Procedure, 1908 the plaintiff has prayed that defendants may be directed to pay arrears of rent/occupation charges in future.

(2.) The case set up by the plaintiff is that the defendants are the joint tenants of the plaintiffs of the property bearing No N-6, N.D.S.E. Part I, New Delhi at a monthly rent of Rs. 40,000.00 . Defendant No. 1 used to pay rent to plaintiffs 1 and 2 his half share, i.e , Rs. 20,000.00 . Defendant No. 2 used to pay his second half share ot Rs.20,000.00 to plaintiffs 3 and 4 per month. The defendants used to pay rent in advance by the 10th day of each calendar month as agreed upon. Defendant No.1had paid the rents to the plaintiffs No 1 and 2 for the period ending 5th May, 1990 and she is in arrears of Rs. 60,000.00 toward the rents for the period ending 5th August, 1990. Similarly, defendant No. 2 has pot paid the rents after 6th June, 1990 and he is in arrears of Rs. 40,000.00 by way of rent for the period ending 5th August, 1990. Thus, the defendants are in total arrears of a sum of Rs. 1,00,000.00 by way of rents to the plaintiffs.

(3.) Defendants have not paid the aforementioned amount of rent to the plaintiffs in spite of repeated requests although they have no right to withhold the same and remain in occupation of the premises. The plaintiffs have terminated the tenancy of the defendants and have filed the present suit (Suit No.2883 of 1990) for possession and recovery of Rs, 1,00,000.00 as arreas of rent and for permanent injunction.