BANK OF INDIA Vs. SHANTI SWAROOP AGGARWAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 07.08.1998 whereby a decree for recovery of possession of the basement and ground floor of Property No. M-29, Greater Kailash, New Delhi was passed against the appellant alongwith a decree for recovery of Rs.13,157.92/-. The plaintiff/appellant was also held entitled to future mesne profits @ Rs.5263.17 per month from the date of institution of the suit till the date of handing over of the possession of suit premises to the respondent. The facts giving rise to the filing of this appeal can be summarized as under:- The respondent had let out the basement and ground floor of Property No.M- 29, Greater Kailash, New Delhi to the appellants at the rent of Rs.4,800/- for a month, in the year 1977. No regular lease deed was executed and registered and the appellant was last paying rent @ Rs.5263.17 per month. Suit No.582/1993 was filed by the respondent, Sh. Shanti Swaroop Aggarwal, seeking possession of the aforesaid premises on the ground that the protection available to the appellant against eviction had been taken away by amendment of Delhi Rent Control Act, 1988 with effect from 01.12.1988. The respondent also claimed to have terminated the tenancy of the appellant vide notice dated 10.02.1990 which was served upon the appellant on 12.02.1990. In the suit filed by him, the respondent also claimed the damages for use and occupation @ Rs.44,938/- per month with effect from 01.03.1990 till the possession was handed over to him by the appellant.

(2.) SUIT No.464/1993 was filed by the appellant before this court Bank of India. It was alleged in the suit filed by Bank of India, that the suit premises were taken on rent with effect from 10.02.1977 for a period of five years with an option exercisable by the Bank for another five years. It was alleged that the Bank had exercised an option of renewal for five years with effect from 09.02.1989. This was also the case of the bank that pursuant to negotiations between the parties it was agreed that the bank would be given lease for five years with effect from 10.02.1987 @ Rs.7894.76/- per month with two options for extension of five years each @ Rs.9862.50 with effect from 10.02.1992 and Rs.12,335.60 with effect from 10.02.1997. The receipt of the legal notice was, however, not disputed by the Bank.

(3.) THE learned trial Judge vide impugned judgment and decree dated 07.08.1998, dismissed the suit filed by the bank and passed a decree for possession in respect of basement and ground floor of Property No. M-29, Greater Kailash, New Delhi. He also awarded mense profits @ Rs.5263.17 per month. The decree for recovery of Rs.13157.98 being arrears of rent was also passed.