KAMLA DEVI BHARDWAJ Vs. PRADEEP SINGH

JUDGEMENT

(1.) PLAINTIFF by this application seeks a direction to the defendants to deposit arrears of rent amounting to Rs. 80 lakhs as well as the rent they are receiving from the sub-tenants/occupants of the suit property so that arrears of house tax can be paid. Reliance is placed on a show-cause notice threatening coercive action received from MCD.

(2.) FOR appreciation of the prayer made in this application, few essential and uncontroverted facts need to be noted.

(3.) MR . L.R. Gupta, Sr. Advocate on behalf of the plaintiff submitted that the plaintiff, a semi-literate widow had been defrauded by the defendants. Before the plaintiff could file the Suit for ejectment, the defendants forestalled the same by filing a suit for specific performances, being S. No. 1662/1996 on 9th July, 1996, based on the five Agreements to Sell. Be that as it may, plaintiff's case in the Suit for ejectment is that the premises had been given on rent @ Rs. 1,75,000/- p.m. The tenancy had been terminated. Defendants have fraudulently filed the suit for specific performance claiming that the plaintiff had entered into five Agreements to Sell, well defined different portions to the defendants for respective consideration mentioned in the said Agreements. It is stated that a total sum of Rs. 1 lakh each totalling Rs. 5 lakhs had been paid under the said Agreement to Sell, out of the sale consideration totalling Rs. 45 lakhs.