S K ANAND Vs. AVNASH CHANDER

JUDGEMENT

(1.) THIS is defendants' appeal against whom a decree for payment of Rs. 9,150.00 has been passed by the trial Court.

(2.) THE case of the plaintiffs, briefly stated is that the plaintiffs on 18th Dec. 1968 took on rent the premises styled as Hotel Air Lines and Restaurant, situated in Main Bazar, Pathankot on a monthly rent of Rs. 1,600.00 from the defendant-appellants. The rent-note was executed on 28th Dec. 1968, but the tenancy was to start with effect from 16-1-1969. There was a lot of dispute between the parties with respect to premises in dispute. However, at one stage the premises in dispute were attached under S. 145 of the Cr. P. C. at the instance of the defendants. In execution of the attachment order of the Executive Magistrate I class, the hotel premises were sealed on 21-2-1969 and thus, the plaintiffs remained out of possession thereof. Ultimately, the possession was delivered back to the plaintiffs on 20-4-1970. Meanwhile, the defendants filed an ejectment application under S. 13 of the East Punjab Urban Rent Restriction Act, 1949 (briefly the Act) in which they recovered Rs. 25,000.00 as arrears of rent, including the period from 21-2-1969 to 20-4-1970 during which the plaintiffs remained out of occupation. With these allegations, along with others, with which we are not concerned at the appellate stage, the plaintiffs claimed damages suffered by them due to the loss of sale in the restaurant, due to the loss of the reputation of the hotel, due to the closure of the hotel portion and for the refund of rent recovered from them through an ejectment application for the period during which the hotel remained closed, amounting to Rs. 1,00,000/ -.

(3.) ON the pleadings of the parties, the trial Court framed the following issues:1. Whether the plaintiffs are entitled to any damages? If so, to what amount? OPP 2. Whether the suit is within time ? OPD 3. Relief.