SHAKUNTALA DEVI Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) This Second Appeal is filed by the appellant/plaintiff against the concurrent judgments of the courts below; of the trial court dated 5.3.2012 and the first appellate court dated 4.10.2013; by which the suit of the appellant/plaintiff for possession and recovery of damages/mesne profits with respect to premises being ground floor and basement of property bearing no.10, Community Centre, First Floor, Lawrance Road, Industrial Area, Delhi was dismissed. The suit was dismissed because the courts below have held that the respondent/defendant had exercised the option in terms of clause 3(d) of the rent agreement Ex.PW1/C 30 days before expiry of the lease period on 17.10.2008. The option is said to have been exercised by means of the letter dated 15.9.2008 issued by the respondent/defendant to the appellant/plaintiff.

(2.) The facts of the case are that the appellant/plaintiff let out the suit property to the respondent/defendant on a monthly rent of Rs.15,000/- for a period of five years commencing from 18.10.2003 and expiring on 17.10.2008. In terms of the clause 3(d) of the registered lease agreement, respondent/defendant could exercise the option of extending the lease for a further period of five years subject to increasing rent by 20%. Whereas the case of the appellant/plaintiff was that she did not receive the renewal option notice dated 15.9.2008, the respondent/defendant claimed that after the renewal option notice dated 15.9.2008 was refused when the same was sent personally through the peon of the respondent/defendant thereafter the same was sent by courier and UPC to the appellant/plaintiff. As already stated above, the courts below have held that renewal option notice has been served upon the appellant/plaintiff and consequently the suit for possession has to be dismissed.

(3.) The relevant observations of the first appellate court, in this regard, are contained in para 12 of the impugned judgment and which reads as under:-