SANTOSH CHANDIOK Vs. INDIAN FERTILIZERS FARMERS COOPERATIVE

JUDGEMENT

(1.) Mrs. Santosh Chandhiok filed a suit for possession and mesne profits with respect to the suit premises. She was claiming the possession primarily on the ground that the defendant (National Cooperative Society) is a tenant in the suit premises. The same had been purchased by the plaintiff by virtue of sale deed dated 20/07/1959. The property was leased to the defendant for a period of three years at a monthly rent of Rs.22000.00. The lease deed was registered on 29/10/1987. The lease could be terminated by giving three months notice and the plaintiff had terminated the lease of the defendant w.e.f. 30.4.1990. The defendant did not vacate the premises with the result that the plaintiff had filed a suit for possession. The said suit ultimately was withdrawn on 20.12.1990 as the parties agreed to another lease for three years. Accordingly, a lease dt. 25/10/1990 for a further period of three years was granted from 15/12/1990 till 14/12/1993. The rent was revised to Rs.27000.00 per month.

(2.) Plaintiff asserts that her husband died on 24th October, 1993. She needed the property in question. The defendant did not show any inclination of vacating the premises. The lease expired by efflux of time on 14/12/1993. Even a notice terminating the tenancy of the defendant had been served. In these circumstances the suit as such for possession besides the other relief mentioned above had been filed.

(3.) In the written statement filed the defendant contested the suit. It is alleged that a notice dt. 12/04/1994 purported to have been served by the plaintiff is invalid. After the expiry of the lease the defendant tendered Rs.68,406.45 towards rent for the period that is part of December, 1993, January and February 1994. The plaintiff accepted the said cheque and had encashed it. Therefore, it cannot be stated that the lease of the defendant had come to an end. It is denied that the plaintiff is entitled to recover the possession of the premises.