BHARTIYA KHADYA NIGAM Vs. BABOOLAL AGARWAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the trial Court in C.S. No. 22 -B/91, decided on 29.11.94, by the First Additional Distt. .Judge Bhopal, decreeing the suit of the plaintiff for a sum of Rs. 1,10,710.00 with interest at 6% per annum.

(2.) BRIEF facts giving rise to this appeal are that the plaintiff is a partnership firm and the appellants -defendants took on rent from the plaintiff respondent 18 plinths along with other facilities for storage of food -grains, sugar, fertilizers and other materials and ancillary works, i.e. inner and approach roads, fencing at the site boundary walls, six single storeyed quarters, electric fittings, watchman and office building and 3 W.C. Blocks with fittings at the rent of Rs. 99,540.00 per month. This was leased out to the defendant -appellants for a period of three years with an option to the defendants -appellants to retain the accommodation for one year more on the same terms and conditions, but the defendants vacated the premises on 10.10.88. Thereby putting the plaintiff to financial loss and as such, he filed separate civil suit against the defendants for recovery of damages. The suit for damages was decreed and an amount of Rs. 1,10,710.00 was deducted against the claim of M/s. Nav Nirman Private Ltd. pertaining to cement concrete blocks, etc. Therefore, the present suit was filed by the plaintiff for recovery of the aforesaid sum against the appellants -defendants that they had no justification to deduct this amount from the arrears of rent. The suit was contested by the defendants. They took the plea that this firm and the film M/s. Nav Nirman Private Ltd. are the same and this money was due from the plaintiff to the defendants. Therefore, they have adjusted this sum against arrears of rent.