HARDEEP KUMAR Vs. KEVIN INDUSTRIES LIMITED

JUDGEMENT

(1.) This is an application under order 39 Rule 10 CPC, whereby prayer is made for directing the defendant to deposit use and occupation charges at Rs. 1,25,000/- per month, subject to the final adjudication of mesne profits and damages by this Court.

(2.) The case of the plaintiff/applicant, is that the last monthly rent paid was Rs. 1 lakh commencing from 1.10.87 under a registered lease deed. As per the terms of the said registered lease deed, beyond the initial period of three years the lease was further renewable with an increase of 25%, for a further period of two years after the expiry of the initial three years period.

(3.) The contention of the defendant on the other hand, is that even from the last agreed rent of Rs. 1 lakh, there had been an alleged agreement to reduce the rental by 30%, and also it was allegedly agreed that there would not be any further increase of rental at all. The defendant has been as such tendering only Rs. 70,000/- per month.