RANBIR YADAV Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This order will govern the disposal of identical I.As being Nos. 5053/02 in S. No. 1404/01 and 1974/02 in S. No. 1405/01 filed under Order 1 Rule 10 read with section 151 CPC by Balkishan Yadav.

(2.) Suit No. 1404/01 which is treated as lead case, was instituted by the plaintiff alleging that defendant bank has been in occupation of built-up area of 1501 sq.ft on ground floor and 855 sq.ft on first floor of property No 55, Jawala Heri, New Delhi as a tenant under him. Tenancy was created by virtue of a lease deed dated 28th February 1989(?) for a period of 5 years with effect from 20th April 1991. Under another lease-deed dated 23rd January 1995 (?) the tenancy was extended for a further period of 5 years with effect from 20th April 1996. Agreed rent was Rs. 24,710/- per month. Since the date of inception of tenancy the defendant has been paying rent month by month only to the plaintiff and rent stands paid upto April 2000. By the notice dated 4th April 2001 (served on the defendant on 12th April 2001), the plaintiff terminated the tenancy of defendant with the expiry of 19th April 2001 or on such date which the defendant consider that its tenancy month expires. Prayers made in the suit are for recovery of possession of suit property, arrears of rent from May 2000 to April 2001, interest @ 18% p.a. thereon as also damages @ Rs. 1.5 lac per month.

(3.) Suit No. 1405/01 between the parties pertains to another built-up area of 3720 sq. feet on first floor of said property No. 55, Jawala Heri. Defendant is alleged to have been inducted as tenant therein under a lease deed dated 28th February 1989 for a period of 5 years which tenancy was extended under the lease deed dated 23rd January 1995 for a further period of 5 years on a monthly rental of Rs. 53, 625/-. Tenancy of defendant is stated to have been terminated by the notice dated 4th April 2001. Prayers made in suit are for passing decree of arrears of rent from May 2000 to April 2001, interest @ 18% p.a. thereon, damages for uauthorised use and occupation for two months @ Rs. 2 lacs per month in addition to possession of the property.