K KISHORE AND CONSTRUCTION HUF Vs. ALLAHABAD BANK

JUDGEMENT

(1.) By this order application (IA No. 1383 /97) under Order 12, Rule 6, Code of Civil Procedure the plaintiff seeks a decree for possession against the defendant in respect of the suit premises on the basis of admissions made by the defendant in the written statement in a suit for recovery of possession and mesne profits.

(2.) Plaintiffs case is that they are tenants in respect of Flat No. 29 First Floor, Regal Building, Parliament Street, Connaught Place, New Delhi and they had sublet the premises to M/s; United Industrial Bank Ltd. (for short 'UIB') under a registered sub-lease dated 18.5.87 at a monthly rent of Rs. 10,500.00 with escalation clause regarding increase in rent.

(3.) UIB was amalgamated with the defendant Bank in pursuance of Notification dated 30.10.89 issued by the Central Government under the Banking Regulation Act, 1949 but plaintiff has not accepted the defendant as their tenant alleging that the tenancy of UIB could not have been transferred in favour of the defendant by means of the aforesaid amalgamation order and the defendant is in unauthorised `possession of the premises.