SARASWATI CONSTRUCTION COMPANY Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) The plaintiff has filed this suit for defendant-bank's eviction from the basement, ground floor, first floor and the second floor of the building bearing No. B-26-27, Community Centre, Janak Puri, New Delhi (hereinafter referred to as suit premises) and also for recovery of mesne profits @ Rs. 12.00 per sq. ft. per month w.e.f. 1st February, 1990.

(2.) Briefly stated, the plaintiff's case is that on 1st March, 1981, the suit premises were let out to the defendant-bank at a rent of Rs. 23,580.00 per month. By the notice dated 10th January, 1990, the plaintiff terminated the defendant-bank's tenancy w.e.f. 31st January, 1990. Despite service of the said notice, the defendant-bank did not vacate the suit premises. Hence, this suit.

(3.) This suit has been resisted by the defendant-bank on various grounds. On the basis of the pleadings, following issues were framed :-