SANDEEP Vs. CHILD WELFARE COUNCIL

JUDGEMENT

(1.) By this order, I propose to dispose of Civil Revision Nos. 1287 to 1292 of 1998 as common question of law based on similar facts arises in these petitions.

(2.) The necessary facts are :- that all the plaintiffs-petitioners herein had filed suit for declaration and injunction. They prayed that the action of the defendants in enhancing rate of rent from Rs. 255/- per month to Rs. 15,000/- per month and the notice dated 8.3.1996 issued by the defendants-respondents herein demanding a sum of Rs. 4,903/- as arrears of rent in respect of the shops in question is totality illegal, arbitrary and against the principles of natural justice and as such the same is liable to be quashed and consequently prayed for injunction restraining the defendants from dispossessing the petitioners from the shop in question.

(3.) Defendant Child Welfare Council, Sirsa, had auctioned the site for shops in the complex of District Child Welfare Council, Bal Bhawan, Barnala Road, Sirsa, on 6.12.1987. The highest bidders were given the shops as per the terms and conditions of the auction as declared on 6.12.1987 itself. The highest bidder was to construct the shop at his own expenses and was liable to pay monthly rent. The construction was to be completed within three months. The rent was payable immediately after the expiry of the three months. According to the plaintiffs in the suit, they had incurred a sum of Rs. 35,000/- on the construction of shop and verandah. They are verbally told that the rate of rent payable per month would be Rs. 255/-. However, copy of the agreement was not provided to them. The defendants enhanced the rate of rent from Rs. 255/- to 15,000/- per month and thus giving cause for the institution of the suit by the petitioners.