VIDYAWATI KHANNA TRUST Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THESE two appeals assail the judgment and decree dated 19th November, 2014 passed by the learned Single Judge accepting IA No. 3829/2014 filed by Vidyawati Khanna Trust -plaintiff in the suit under Order 12 Rule 6 of the CPC against the Central Bank of India -defendant in the suit filed for possession and mesne profits.

(2.) FOR the purposes of convenience, we propose to refer to the parties by the nomenclature assigned to them in the suits. It is an admitted position on record that the Central Bank of India was occupying the premises as a tenant by virtue of a registered lease deed dated 1st July, 2005 which expired with efflux of time on 30th November, 2012. As the Central Bank of India failed to vacate the premises on 7th January, 2013, CS(OS) No. 54/2013 was filed by the plaintiff seeking a decree for recovery of possession and damages/mesne profits. In the written statement which was filed, the relationship of landlord and tenant; the tenancy between the parties by virtue of the registered lease deed dated 1st July, 2005; the expiry of the tenancy by efflux of time on 30th November, 2012 as well as the rental being more than Rs. 3500/ - were admitted.

(3.) THE record of the suit has also been received in court and has been perused by us. The parties pray that the appeals may be taken up for disposal today. Learned counsel for the parties submit that the necessary documents/pleadings in CS(OS) No. 54/2013 have also been filed in these two appeals. With the consent of both counsels and the parties, we have consequently heard learned counsel for the parties and proceed to judgment.