JUDGMENT - F.I. REBELLO, J.:---The plaintiffs herein have filed this summary suit for recovery of the amount as set out in the particulars of claim. The amounts are Rs. 50 lacs which were given to the defendants as security and an amount of Rs. 10,55,000/- by way of interest at the rate of 18% p.a. from 15th October, 1995 till the filing of the suit i.e. 17th December, 1996. The plaintiffs have also applied for Summons for judgment. The defendants have appeared, shown cause and have filed their affidavit in reply.

2. A brief narration of facts may be necessary to deal with the issue which has been raised on behalf of the plaintiffs herein in so far as leave to defend is concerned.

The plaintiffs admittedly were occupying certain premises belonging to the defendants between the period 9th June, 1995 to 14th October, 1995. In terms of the agreement between the plaintiffs and the defendants the compensation payable was Rs. 5 lacs per month. The plaintiffs had requested the defendants permission to occupy the premises for a period of four months from 1st April, 1995 till 31st July, 1995. By letter dated 15th March, 1995 the plaintiffs sent a cheque for Rs. 10 lacs being advance rent for

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