NIKITA VINOD MARLECHA Vs. D.G. REALTY

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) By this Notice of Motion, the Applicants are seeking withdrawal of the amount of Rs. 15,00,000/- deposited by the Defendants with the Prothonotary and Senior Master as per order dated 30th April 2019 passed by this Court.

(3.) It is the case of the Applicants that the Defendants have not paid the rent for the temporary alternate accommodation from the year 2014 onwards. The Defendants have also failed to handover to the Plaintiffs due possession of the Flat No. 4 as agreed. The Plaintiffs were currently paying rent for their accommodation out of their own pockets. The Plaintiffs were in use, occupation and possession of Room No. 8, situated on the Ground Floor of the Joshi Bhavan (??said old room??) as per the agreement for permanent alternate accommodation entered into between the Plaintiffs and the Defendants and it was under that agreement that the Plaintiffs vacated their premises. However, the Defendants have failed to perform the said agreement including the payment of rent and transferring legitimate possession of the new premises viz. Flat No.4.