PAL SYNTHETICS PVT LTD Vs. BANK OF MAHARASHTRA

JUDGEMENT

(1.) Suit property is 50% portion of ground floor of property bearing no.5/67, W.E.A., Padam Singh Road, Karol Bagh, New Delhi measuring 1105 sq. feet. Plaintiff, the landlord of the suit property had vide registered lease deed dated 01.12.1983 leased out the suit property to the defendant bank for a period of nine years and ten months. Lease was for a fixed period; monthly rent was Rs.19,899/-; after the expiry of five years the defendant started paying the increased rental of Rs.22,883.85 i.e. 15% increase in the rent in terms of the lease deed. The lease expired by efflux of time on 30.9.1993.

(2.) During the pendency of this lease on 1.1.2001 vide two registered sale deeds the plaintiff had become the owner of the suit property.

(3.) After the expiry of lease, several negotiations orally as also in writing were held interse between the parties for renewal of the lease at the market rate of rent. No material decision was taken. On 25.2.1995 plaintiff terminated/determined the tenancy of the defendant and the called upon him to handover the vacant physical possession of the suit property to him on or before 31.3.1995. Defendant did not vacate the property. He, however, continued to pay the admitted rate of rent. Present suit was filed on 12.3.2001 for possession and mesne profit/damages. During the pendency of the suit on 25.10.2001 the suit property was vacated. All these facts are admitted; they are not in dispute.