MAHENDRA KAUR ARORA Vs. HDFC BANK LTD.

JUDGEMENT

(1.) The appellant-landlady is aggrieved by the judgment dtd. 30/7/2015 passed by the Division Bench [D.B. Civil Spl. Appeal (Writ) No.332 of 2012] as also the order dtd. 9/1/2012 passed by the learned Single Judge in a writ petition [S.B. Civil Writ Petition No.8464 of 2009] filed before the High Court of Judicature for Rajasthan at Jaipur Bench, preferred by her under Article 227 of the Constitution of India.

(2.) The facts of the case reveal that the appellant-owner of a commercial premises at Vashistha Marg, Raja Park,Jaipur had leased out a part of the said premises [Shop No.485 and basement] to the respondent-Bank for a period of nine years in terms of the lease agreement dtd. 13/10/2000, executed between the parties. The relevant clauses of the said lease agreement are reproduced hereinbelow :

(3.) In terms of the lease agreement, the agreed monthly rent of the premises was fixed at Rs.28,625.00 (Rupees Twenty eight thousand six hundred twenty five only). Vide letter dtd. 10/5/2004, the respondent-Bank terminated the lease agreement by issuing a three months' notice in terms of clause 6 thereof. The said notice period was made effective from 16/8/2004.