UCO BANK Vs. KALICHARAN AND SONS

JUDGEMENT

(1.) By way of the present appeal, the appellant challenges the judgment and decree dated 23rd December, 1997 passed in Suit No. 617/1993 entitled M/s. Kalicharan and Sons and Ors. v. UCO Bank by Sh. L.D. Mual, learned Additional District Judge, Delhi.

(2.) The facts giving rise to the present appeal are briefly set out hereafter. The respondents let out the premises bearing Nos. 364 and 384 to 390, Chandni Chowk, New Delhi-110006 comprising of ground floor, entire first floor, entire second floor to the appellant vide a registered lease deed dated 5th December, 1975. It is submitted that the original letting was of 1958 when these premises were let out to the appellant on a monthly rental of Rs. 4,000/- vide the registered lease deed dated 5th December, 1975 rent for these premises was increased to Rs. 10.000/-. The lease period expired on the 31st December, 1984. The lease deed contained a renewal clause and the appellant/defendant in the suit expressed his desire to renew the lease for a further period of five years as provided in the lease deed. However, the respondents/plaintiffs did not execute any new lease deed. As such the appellant continued to pay the monthly charges at the rate of Rs.9,600/- per month in terms of the renewal clause for five years. A further period of five years expired on the 1st January, 1990.

(3.) In these circumstances, the respondents through their Counsel sent a legal notice dated 14th March, 1989 by registered post acknowledgement due directing termination of the tenancy of the appellant of the said premises and calling upon the appellant/defendant to vacate and deliver possession of the premises to the plaintiffs at the end of 30th April, 1999 or at end of its month of tenancy which would expire after 15 days of the receipt of the notice by the appellant-defendant.