CENTRAL BANK OF INDIA Vs. LALIT KUMAR BHARGAVA

JUDGEMENT

(1.) A nationalised bank-Central Bank of India (hereinafter referred to as the 'appellant'), aggrieved by an order passed by the learned Single Judge under Order XII Rule 6 CPC on 16/11/2005 directing it to hand over possession of the demised premises within one month of the date of the order, has preferred this appeal in its quest to retain possession of the said premises as long as it can by dragging the litigation through misuse and abuse of the legal process unmindful of its public duty to act as a role model for others in such like matters.

(2.) The demised premises consists of an area of 2709 sq.feet on first floor of property bearing No.73,74,75/1 and 60/1, Chawri Bazar, Delhi. The said premises was let out by the respondent to the appellant in 1986. The lease of the said premises expired on 7th July, 1996. A notice of termination of tenancy dated 5th July, 1996 was served by the respondent upon the appellant and it was directed in the said notice that in case the appellant would fail to vacate the demised premises by 7th September, 1996, it would be liable to pay damages for unauthorised use and occupation of the said premises thereafter at Rs.8,000.00 per day. The appellant did not vacate the premises even after service of notice of termination of tenancy on it.

(3.) In 2002, the respondent filed a suit for possession, damages and mesne profits against the appellant and along with the said suit, he also filed an application under Order XXXIX Rule 10 CPC (IA No.2525/2002) for directions to the appellant to pay admitted rent and to allow him to encash the cheques which were within validity period received from the appellant before filing of the suit.