STATE BANK OF INDIA Vs. PUSHPA ARORA

JUDGEMENT

(1.) Defendant appellant has preferred this an appeal under Section 96 of the Code of Civil Procedure against the judgment and decree passed on 18.10.1993 by Shri Shiv Charan, Additional District Judge, Delhi in Suit No. 478/91 decreeing the suit of the plaintiff respondent for possession in respect of the suit premises and also for damages at the rate of Rs. 8,000.00 p.m. w.e.f. 1.9.1991 till delivery of possession.

(2.) In November 1970 one room in the ground floor of property bearing L-71, Malviya Nagar, New Delhi was let out by the plaintiff to defendant-Bank. The tenancy of the room was renewed. Rent which initially was Rs. 700.00 p.m. was also increased. On additional space being provided to the defendant-Bank, rent was increased to Rs. 2,700.00 p.m. On 19.7.1986, letter, Ext. D-1, was sent by the Branch Manager of the defendant-Bank to the plaintiff, with reference to the discussion held amongst the parties on 28.5.1986, conveying the approval of the Regional office of the defendant-Bank to the plaintiff for renewal of lease for a further period of five years in respect of the premises which were in occupation of the defendant. The proposal was that the rent of the premises will be raised from Rs. 2,758.25 to Rs. 4,100.00 p.m. from 28.11.1985 and that the same will be released only after the plaintiff withdraws her eviction petition filed against the defendant-Bank. The letter further stated that the lease initially will be for a period of five years with further option of five years of one yea r each in favour of the Bank with 25% increase after completion of the initial lease period of five years. Bank also reserved the right to vacate the premises within the period of lease by giving one month's notice to the plaintiff. This letter was followed by another letter dated 2.9.1986 Ext. D-3 making some clarification, in response to the plaintiff's letter dated 21.7.1986 which the plaintiff intended were to be incorporated. On 17.9.1986 through letter Ext. D-2 plaintiff responded to the defendant's letter dated 2.9.1986 conveying her acceptance to the terms and conditions for renewal of the lease stating that the eviction suit will be withdrawn on the next date of hearing, namely, 1.10.1986.

(3.) The suit which has now given rise to the instant appeal was instituted on 20.9.1981 by the plaintiff alleging that the defendant was inducted as a tenant in ground floor of the property bearing No. L-71, Malviya Nagar, New Delhi on a rental of Rs. 4,100.00 p.m. Tenancy was terminated by the plaintiff through notice dated 17.7.1991. The defendant was called upon to deliver possession by 31.8.1991 when tenancy came to an end on its expiry. Defendant failed to deliver back possession to the plaintiff and as such the possession of the defendant on and from 1 9.1991 was not authorised. Defendant was liable to vacate the premises and hand over its vacant possession to the plaintiff. The plaintiff also claimed mesne profits/damages at the rate of Rs. 20,000.00 p.m. w.e.f. 1.9.1991 and also claimed interest at the rate of 15% p.a. on the amount found due as mesne profits.