PETER GEORGE Vs. JANAK J GANDHI

JUDGEMENT

(1.) Admit.

(2.) This appeal is directed against the order of the learned Single Judge dated September 7, 1995, in I.A. No. 494/93 in Suit No. 176/93. By that order the learned Single Judge declined to pass an ad interim order restraining the defendants-respondents from interfering with the construction on the terrace of the ground floor of the premises, namely, B-3, Geetanjali Enclave, New Delhi. The brief facts giving rise to the appeal are as under:

(3.) The appellants are the landlords of B-3, Geetanjali Enclave, New Delhi. The premises consist of basement, ground floor, garage and a servant quarter. The appellants entered into lease agreements with respondents I and 2. By virtue of lease deed dated June 27, 1990, the appellants leased basement and garage to the second respondent at a rental of Rs.l3,970.00 per month. By another lease agreement dated June 7, 1990, the appellants leased the ground floor and servant quarter to the first respondent at a rental, of Rs.l7,330.00 per month. However, according to the stand of the respondents, agreements were executed by respondents I and 2 on behalf of respondents 3 and 4. According to the lease deeds the concerned respondents were to provide free entry to the appellants for the purpose of construction above the ground floor of the demised premises. This is as per clause II in the lease agreements which "cads as under:-