SB Civil Misc. Appeal No.1700/2008 Nana Lal Vs. Gopi Lal & Anr. 1 SB Civil Misc. Appeal No.1700/2008 Nana Lal Vs. Gopi Lal & Anr. DATE OF ORDER : - 18.12.2008 HON'BLE MR. PRAKASH TATIA, J. Mr. Durga Ram for the appellant. <><><> Heard learned counsel for the appellant. The appellant is aggrieved against the order dated 2nd Sept., 2008 by which the trial court determined the interim rent and held the appellant liable to pay the interim rent @ Rs.6,000/- per month and also determined the arrears of rent. According to learned counsel for the appellant, the respondents-plaintiffs themselves filed the suit for specific performance of contract and that shows that respondents- plaintiffs are not owner of the property. It is also submitted that the trial court determined the rent of 139 months when the plaintiffs themselves have claimed arrears of rent of 35 months only. It is not in dispute that plaintiffs came out with a case SB Civil Misc. Appeal No.1700/2008 Nana Lal Vs. Gopi Lal & Anr. 2 that there is a written rent deed containing the fact that rent for the premises shall be Rs.6,000/-. In view of the above, the trial court has decided the interim rent on the basis of evidence on record. So far as arrears of rent are concerned, that has been awarded to the landlord, which was found due on the date of order. Because of the fact that the suit remained pending for about 8 years before the trial court, the trial court determined of rent upto the date of order and there is no illegality in it. In view of the above there is no merit in this appeal and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-