HIMACHAL PRADESH STATE ELECTRICITY BOARD Vs. R.P.KAPOOR

JUDGEMENT

(1.) THIS appeal has been directed against the judgment, decree dated 7.12.2004 passed by learned District Judge, Mandi in Civil Appeal No. 15 of 2003 reversing judgment, decree dated 30.9.2002 passed by learned Senior Sub Judge, Mandi in Civil Suit No. 15 of 2001.

(2.) BRIEFLY stated the facts are that the respondent is owner of building situated at Purani Mandi. The respondent had submitted tender and offered accommodation to appellant No.2 on rent for housing its office at Mandi. The respondent had quoted the rent of the premises at the rate of ! 22,050/ - per month. The appellant No.2 occupied the accommodation on 6.1.1998. The appellants invited the respondent for negotiation for the settlement of the rent of the premises. The negotiations for settling the rent were held on 9.3.1998 and the rent was agreed ! 18,000/ - per month, which was accepted by appellant No.2 vide letter dated 19.8.1998.

(3.) THE appellants contested the suit and have taken preliminary objections of maintainability, want of cause of action, non -joinder and mis -joinder of necessary parties and estoppel. On merits, the appellants have alleged that the tender was issued by the Superintending Engineer (Operation) Circle, HPSEB, Mandi. It was stated in the tender that the rent shall be paid as per Departmental Rules. The respondent was called for negotiations regarding the rent and for settling other terms and conditions. A committee was also constituted for the negotiations of the rent, which was negotiated but the case pertaining to the hiring of the building of the respondent was sent to the Executive Engineer, Parwati Investigation Division, HPSEB, Mandi for assessing the rent.