RAGHUBIR SINGH ARORA Vs. RAJESH KHANNA

JUDGEMENT

(1.) CM(M) 1062/2019

(2.) Vide registered lease agreement dated 4th December, 2007, the ground floor of the property was let out to Welspun Retail Limited at the rate of Rs.1,88,750/- for a period of three years with effect from 18th November, 2007. After Welspun Retail Limited vacated the premises, the same was let out for a rent of Rs.1,50,000/- per month for running a 'Wah Ji Wah' restaurant till 19th June, 2012. Both the Plaintiffs, who are senior citizens having medical ailments, depend on the rental income from the building.

(3.) The Defendants, admittedly, are neighbors of the Plaintiffs. The Defendants approached the Plaintiffs in August, 2014 and requested them to allow them to use a portion of the ground floor temporarily for carrying out sale of woolen garments.As per the plaint, they agreed to pay a rent of Rs.1 lakh per month and also undertook to vacate the property by 31st March, 2015. After repeated requestsby the Defendantsand keeping in mind the fact that the Defendants were their neighbours, the Plaintiffs agreed to let out a portion of the property admeasuring 10' x 53.1/4' ft. on the ground floor. The remaining portion of the ground floor remained vacant.The Defendants paid advance rent of Rs.3 lakhs for the months of September, 2014 to November, 2014, and thereafter paid Rs.1 lakh in December, 2014 and Rs. 1 lakh in January, 2015. However, they did not pay any further amounts and did not vacate the property by 31st March, 2015.