ASHOK THAPAR Vs. VIJAYA BANK

JUDGEMENT

(1.) N. S. Gupta, J. This is a plaintiffs' appeal against the judgment and decree dated 5-3-1997 passed fey the then First Additional Civil Judge (Senior Division)

(2.) GHAZIABAD, dismissing the suit of the plaintiffs for the issue of mandatory and prohibitory in junction order.

(3.) THE pleadings of the parties gave rise to the following issues: (i) Whether the plaintiffs were en titled for the adjustment of Rs. 46,000 per mensum on account of rent of their property situate at Ghaziabad and further at the rate of Rs. one lac thirty thousands with effect from 7-3-80 in respect of their property situate at Ghaziabad known as Thapar Plaza, G. T Road, Ghaziabad ? (ii) Whether there was any agree ment enforceable at law in between the plaintiffs and tie defendants for taking the plaintiffs' property Thapar plaza on rent? (iii) Whether the courts at Ghaziabad had territorial jurisdiction to try the suit? (iv) Whether the plaintiffs were en titled to maintain the suit? After recording the evidence of the parties, the learned trial Judge found that there was no lawful agreement between the plaintiffs and the defendants for taking the plaintiffs' property Thapar Plaza G. T. Road Ghaziabad on rent and, therefore, the defendants were not liable to adjust the amount of so- failed rent towards loan in question. He accordingly dismissed the suit; hence the appeal.