RAJINDER KUMAR Vs. PADMAWATI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 25.4.2007 whereby the suit filed by the plaintiff Rajinder Kumar and Others seeking a declaration and permanent injunction to the effect that the plaintiffs (claiming through their father who was the tenant of the defendant) be not evicted from the suit property and the defendant be restrained from increasing the rate of rent of the suit property had been dismissed.

(2.) PLAINTIFFS have filed the aforenoted suit. Their father Duli Chand had taken shop No.327, Anaj Mandi, Shahdara, Delhi along with its roof rights (hereinafter referred to as 'the suit property') on rent of Rs.65/- per month from late Daya Nand Sharma vide rent note dated 15.9.1970. Plaintiff has installed two shutters on the front side of the shop; in December 1990 the defendant threatened the plaintiffs as to how the shutters were installed. Written complaint was made to the concerned police station. On 11.11.1989, the father of the plaintiffs died. Rate of rent was increased from time to time and it was finally settled at Rs. 225/- per month and there was an agreement that the rent would not be increased in future. The plaintiffs are since then carrying on business in the suit property since they have inherited tenancy rights. Defendants have again started threatening the plaintiffs to increase the rent and the defendants are seeking their eviction. Present suit was accordingly filed.

(3.) ORAL and documentary evidence was led.