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1990 Supreme(Del) 400

P.N.NAG
ABNASH RANI SURI – Appellant
Versus
SANTOSH CHOUDHRY – Respondent


Advocates Appeared:
ANJANA GOSAIN, ARUN MOHAN, MUKUL ROHTAGI, RAVI GUPTA

P. N. Nag, J.

( 1 ) IN this application under Section 151 of the Code of Civil Procedure, 1908 the plaintiff has prayed that defendants may be directed to pay arrears of rent/occupation charges in future.

( 2 ) THE case set up by the plaintiff is that the defendants are the joint tenants of the plaintiffs of the property bearing No N-6, N. D. S. E. Part I, New Delhi at a monthly rent of Rs. 40,000. 00. Defendant No. 1 used to pay rent to plaintiffs 1 and 2 his half share, i. e , Rs. 20,000. 00. Defendant No. 2 used to pay his second half share ot Rs. 20,000. 00 to plaintiffs 3 and 4 per month. The defendants used to pay rent in advance by the 10th day of each calendar month as agreed upon. Defendant No. 1had paid the rents to the plaintiffs No 1 and 2 for the period ending 5th May, 1990 and she is in arrears of Rs. 60,000. 00 toward the rents for the period ending 5th August, 1990. Similarly, defendant No. 2 has pot paid the rents after 6th June, 1990 and he is in arrears of Rs. 40,000. 00 by way of rent for the period ending 5th August, 1990. Thus, the defendants are in total arrears of a sum of Rs. 1,00,000. 00 by way of rents to the plaintiffs.

( 3 ) DEFENDANTS have not paid the















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