INDIAN DAIRY ASSOCIATION Vs. SYNDICATE BANK AND ORS

JUDGEMENT

(1.) The plaintiff in the suit seeks a decree for possession and mesne profits for alleged damages towards use and occupation of the premises, (aggregating 3970.60 sq. feet comprising of ground floor and 3700.60 sq. ft. basement). The premises are concededly owned by the plaintiff. The defendant bank entered into an arrangement through a registered lease deed, on 29.03.2000. The tenure of the lease was five years; it expired on 28.03.2005.

(2.) The plaintiff contend that there was no renewal of the lease deed even though a condition existed as a stipulation of the lease deed. The plaintiff relies upon the relevant condition in the lease deed which is in the following terms:

(3.) The plaintiff submits to having issued a legal notice to the defendants on 25.01.2005, asking the later to hand-over possession since the lease tenure was ending by efflux of time on 31.03.2005. It is submitted that despite this demand, and despite there being no renewal of the lease by mutual agreement, the defendants continued to occupy the premises.