RAJPAL SINGH Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) In this suit, decree for possession, damages and mesne profits etc. are claimed. This order will dispose of Plaintiff's application under Order XII Rule 6 CPC.

(2.) The necessary facts for disposal of the application are that the suit property i.e. E-4/11, Jhandewalan Extension comprises of about 19,000 sq. feet housed in a building owned by three brothers, i.e. Bahadur Singh, Balwant Singh and Saudagar Singh. Saudagar Singh apparently died in 1991 and was survived by his widow who died in 2001. Since they died issueless; their share devolved on the other brothers i.e. Balwant Singh and Bahadur Singh. Bahadur Singh died on 30.12.2006 and Balwant Singh, on 31.7.2007. Before these events, a portion of the property, i.e. 10,000 sq. ft. had been leased to M/s. Indraprastha Builders Pvt. Ltd. The Defendant, Oriental Bank of Commerce had entered into a sub-lease with the said Indraprastha Builders. The owners apparently were involved in several litigations with the said Indraprastha Builders.

(3.) In respect of the balance portion of 9797.32 sq. ft., (the suit premises) the Defendant entered into a lease deed in 1998 with the three co-owners, i.e. Bahadur Singh, Balwant Singh and the widow of Saudagar Singh, sometime in 1998. The tenure of this lease - including the extended period was till 2003. It is not denied that the tenure expired on 25.2.2003. The parties apparently agreed for extension; however no registered lease deed was executed. The extension also ended in February, 2008. The Bank at that stage was paying monthly rent of Rs. 43.70 per sq. ft.