KIRAN KAPOOR Vs. ASHOK KUMAR SHARMA

JUDGEMENT

(1.) The present appeal, filed by the appellants, is directed against the order dated 13.3.96, passed by the learned Additional District Judge, Delhi in Suit No. 267/95 - entitled Ashok Kumar Sharma Vs. Kiran Kapoor and others, allowing the application of the respondent Shri Ashok Kumar Sharma, filed by him under Order XXXIX Rule 10 read with Order XII Rule 6 and Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC').

(2.) The facts relevant for the disposal of the present appeal, briefly stated, are that the respondent Shri Ashok Kumar Sharma filed a suit for ejectment/ recovery of possession, for the recovery of Rs 1,00,650.00 (on account of arrears of rent and interest thereon) and Rs 25,000.00 on account of damages for use and occupation/mesne profits of a portion of property bearing No. 82, Sukhdev Vihar, Mathura Road, New Delhi against the appellants/defendants. The claim of the respondent/plaintiff in the above suit was resisted by the appellants who filed a written statement taking certain preliminary objections with regard to the maintainability of the suit. The appellants, in the written statement filed by them in the suit, while not denying the execution of the lease deed dated the 31st December, 1986, contended that the same relates to three different tenancies and not to a single tenancy. The appellants, in the written statement, have admitted their continuance as tenants under the respondent/ plaintiff but their plea is that the tenancy in question was not one but there were three separate and distinct tenancies and that the figure of Rs 4,000.00 , mentioned in the lease deed dated 31.12.86 pertained to consolidated rent in respect of the three tenancies mentioned therein. The appellants have also denied their liability to pay arrears of rent, interest and mesne profit as claimed by the respondent/plaintiff.

(3.) The respondent/plaintiff in the above said suit, pending in the Court of learned Additional District Judge, Delhi, also filed an application under Order XXXIX Rule 10 read with Order XII Rule 6 and Section 151 Civil Procedure Code praying that the appellants/defendants be directed to pay the arrears of rent w.e.f. 1.5.93 @ Rs 4,000.00 per month and future rent at the above said rate month by month till the disposal of the suit subject to the decision of the rights of the parties in the above noted case. The learned Additional District Judge, Delhi vide impugned order has allowed the above mentioned application of the respondent and directed the appellants to pay arrears of rent from 1.5.93 to 29.2.96 @ Rs 4,000.00 per month within a period of 30 days from the date of the order and also directed that future rent at the above said rate be deposited month by month according to English Calender by the 15th of the each month with the respondent/plaintiff.