HARISH CHAWLA Vs. RAKHI JAIN

JUDGEMENT

(1.) THIS revision petition has been preferred by the petitioner assailing the order dated 25th January 2007 passed by learned Additional District Judge, delhi whereby an application of the plaintiffs (respondents herein) under Order 39 Rule 10 of CPC was allowed and defendant No. 1 (petitioner herein) was directed to deposit the arrears of rent @ of Rs. 1,71,550/- per annum from february 2000 onwards till date within two months of the order.

(2.) IT is an undisputed fact that the premises in question was let out by m/s Krishna Roller Flour Mills to Mr. S. M. Aggarwal and Mr. Harish Chawla vide lease deed dated 27th April 1978 on an annual rent of Rs. 2. 35 lac. Mr. Harish chawla (petitioner herein) filed a suit before this Court being Suit No. 335 of 1996 and he made an application that Mr. S. M. Aggarwal be relieved from the responsibility and obligations of the lease deed and this Court allowed application of Mr. Harish Chawla vide order dated 11th April 1979 and relieved mr. S. M. Aggarwal of all responsibility and obligations of the lease deed dated 27th April 1978. Hence Mr. Harish Chawla became the sole person responsible under the lease deed and this order has become final.

(3.) THE contention of the petitioner is that the trial court wrongly came to conclusion that Mr. Harish Chawla was the person responsible to pay rent under the lease deed. It is also contended that the lease deed was executed by a partnership firm but the suit before the trial court has been filed by Lrs of the partners and the suit was not maintainable.