LAWS(DLH)-2011-5-136

BHUPINDER SINGH Vs. STATE BANK OF INDIA

Decided On May 05, 2011
BHUPINDER SINGH Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) The defendant was a tenant under Bhupinder Singh, plaintiff in Suit No. 1911/2000 in respect of premises, comprising main hall on the ground floor, small strong room, adjoining room, bath and W.C., and part of the mezzanine, all measuring 1820 sq. ft. The extended portion in mezzanine floor in the main hall on the ground floor admeasuring 315.84 sq. ft. was also later let out to the plaintiff by him. The defendant was also a tenant under Pushpa Singh, plaintiff in Suit No. 2552 of 2000 in respect of two halls on the first and second floor along with part of balconies and a bathroom on the first floor of the aforesaid property all admeasuring 427 sq. ft. It had also taken up two halls on the first floor and second floor along with a bath room on the first floor on the aforesaid property all admeasuring 420 sq. ft. from Virender Singh, plaintiff in Suit No. 2553 of 2000 and two halls on the first and second floor along with bath room on the first floor, all admeasuring 427 sq. ft. from Rajender Singh plaintiff in Suit No. 2554 of 2000.

(2.) Bhupinder Singh, plaintiff in Suit No. 1911 of 2000 terminated the tenancy of the defendant vide notice dated 12th August, 1997, whereas Pushpa Singh, Virender Singh and Rajender Singh plaintiffs in Suit Nos. 2552 of 2000, 2553 of 2000 and 2554 of 2000 respectively terminated the tenancy of the defendant vide notice dated 07th October, 1997. The case of the plaintiff in Suit No. 1911 of 2000 is that as a result of termination of tenancy, the defendant became an unauthorized occupant of the tenancy premises w.e.f. 05th September, 1997. The case of Pushpa Singh, Virender Singh and Rajender Singh is that on account of termination of its tenancy, the defendant became unauthorized occupant w.e.f. 15th November, 1997 in respect of portion which it had taken on rent from them.

(3.) At the time of termination of tenancy, the defendant was paying rent at the rate of 27.50 per sq. ft. in