BANK OF BARODA Vs. VIJAY MAHIPAL AND CO

JUDGEMENT

(1.) In this appeal, the appellant seeks to assail the judgment and decree dated 19.09.2009 passed by the learned Additional District Judge whereby the suit of the respondent/plaintiff was decreed for the relief of possession.

(2.) The facts relevant for the disposal of the present appeal are not in controversy. The appellant and the respondent had entered into a lease deed dated 27.05.2004 in respect of the ground floor measuring 1203.12 sq.ft., basement 1378.12 sq.ft. and mezzanine floor measuring 1011.74 sq.ft., admeasuring in all 3592.98 sq.ft., situated at 32, Community Centre, Industrial Area, Phase-I, Naraina, New Delhi on a monthly rent of Rs.71,860/- (Rupees Seventy One Thousand Eight Hundred Sixty Only), subject to tax deduction at source as per Income Tax Rules in force from time to time. The said lease deed was for a period of five years from 01.09.2003 to 31.08.2008.

(3.) By a letter dated 28.04.2008, the appellant extended an offer to the respondent for renewal of the aforesaid lease deed as follows:-