RAGHBIR RAI Vs. PREM LATA

JUDGEMENT

(1.) CS (OS) No. 1863/2010 is a suit for permanent injunction. The case of the plaintiffs in this suit is that they are the tenants of defendant No. 1 in respect of Page 1 of 7 ground and first floor of Property No.D-2/12, Model Town-III, Delhi-110 009, where they are running a restaurant by the name Dragon Hucks Restaurant. Defendant No. 2 was the husband of defendant No. 1, whereas defendant No. 3 is her son. Defendant No. 2 has since expired during pendency of the suit.

(2.) THE case of the plaintiffs in CS(OS)No. 1863/2010 is that the rent agreed by them with the defendant No. 1 was Rs 1,000.00 per month since they had paid Rs 20 lakh as Pagri (an official premium) to her. It is alleged that the defendants are threatening to dispossess the plaintiffs from the suit premises, without due process of law and are demanding rent from them at the rate of Rs 4 lakh. The plaintiffs have accordingly sought an injunction restraining the defendants in this suit from dispossessing them from the suit property. They have also sought a mandatory injunction, directing the police authorities to provide protection to them.

(3.) THE learned counsel for the plaintiffs in CS(OS) No.1863/2010 states that the agreed rate of rent of Rs 1,000.00, they are ready to agree to deposit as arrears of rent at the said rate. He further submits that they have been tendering rent at the agreed rate of Rs 1,000.00 to defendants, but they have not accepted the rent at the agreed rate. The plaintiffs in CS(OS) No. 1863/2010 are, therefore, directed to deposit the admitted arrears within four weeks.