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Showing contexts for: tenancy devolving in Radheshyam Jalan vs M/S Triplex & Anr on 14 September, 2017Matching Fragments
9) The defendants contested the suit by filing their written statement. As per the trial court record all pages of written statement except verification and affidavit were signed by the defendant No. 2 and 3. The defendants took a plea that late Motilal Achantani was the original tenant of the suit premises since the year 1946 and on his death the tenancy devolved on his wife Smt. Rekha Devi Achantani, the son of Sri Rakesh Kumar Achantani and a married daughter, namely, Rita Lalwani. It was stated that rent for November, 2004 was paid on 02.12.2004 and the rent for the month of December, 2004 was paid on 03.01.2005 through his son Sri Ramesh Kumar Jalan by Sri Bomkesh Banerjee the then Manager of the defendants and the rent for the month of January, 2005 was paid to Sri Nagina Rai, an employee of the plaintiff on 04.02.2005, who collected the same from M/s. Triplex, the defendant No.1, but no rent receipt was given on the plea that receipt book had exhausted. The defendants claimed that rent for the month of February, 2005 was tendered on 03.02.2005 but the plaintiff refused to accept the same and also denied to give rent receipt for the month of November and December, 2004 and January, 2005. Thereafter, the defendants deposited the rent for the month of February, 2005 in court by Misc. (N.J.) Case No. 250/2005 and since then the defendants were depositing the rent in court. The defendants admitted serving notice dated 07.03.2005 to the plaintiff through their Advocate and claimed that further rent were being deposited before the rent controller and prayed for dismissal of the suit. Be it stated that the defendants claimed to be depositing rent in court for two separate tenanted premises together.