also gave a
amount of Rs.50,000/ as a pagri amount for the each portion of the
tenanted premises to the father ... time of
occupying the tenanted premises but no receipt of pagri payment
issued.
(c) It is further argued that the respondent is running a
tailoring
That the petitioner cannot evict him after having re-
ceived a huge pagri amount ; and
M. That the petition is motivated by the desire ... respondent has claimed that the petitioner had received a huge pagri
amount from him in lieu of his tenancy whereby he now can not seek
reads as under :
"2. That the suit property was taken on Pagri on
account of which, the plaintiff had paid ... execution of the said Rent Agreement dated
02062005. However, the Pagri amount is not
mentioned in the said Rent Agreement. But the Pagri
monthly rent
of Rs. 800/ and payment of nonrefundable security/Pagri of Rs.
2,10,000/. Thus a lease agreement was executed ... property to Rs.2000/ per month which
is not acceptable as huge pagri amount of Rs.2,10,000/ has been
paid to the defendants
monthly rent of Rs. 200/- and on payment of Pagri for the said almirah shop.
RC.REV. 133/2012 Page 2 of 13
Thereafter ... monthly rent of Rs.200/-
on 1st November, 1987 on a Pagri of Rs.42,000/-. Later the Petitioners took
another shop bearing
tenant to vacate the premises as the tenant has
paid a pagri of Rs.60,000/ that was about the market value of the tenanted ... raised any triable issue. The
petitioner has denied receiving any Pagri amount. The petitioner has prayed
for dismissal of the application for leave to defend
taken on rent from Sh. Ved Parkash
Kathuria and even a pagri amount of Rs. 42,000/ was paid by the
husband of respondent ... Kathuria was the father of the
petitioner. It is denied that any pagri amount of Rs. 42,000/ was ever given
by late
petitioner) to the respondent after receiving
the huge amount of pagri and with undertaking that there will be
no rent. The said ... ipso facto point towards their fabrication.
Further, no date and amount of pagri has been mentioned. That
again strengthen the case of the landlords/petitioners
since 1960 on
the ground floor, having taken the same on security (Pagri)
along with the defendant in the year 1960 and since then ... plaintiff has further stated that he had
taken the suit premises on Pagri in the year 1960. However,
this court finds that this plea
other person in the said shop by
pocketing huge amount of 'Pagri' for which the defendants were
colluding with each other. Since defendant
