CANARA BANK Vs. SHANTI VAISH

JUDGEMENT

(1.) This is directed against the judgment dated 27.2.1997 passed by the ADJ Delhi in Civil Suit No. 53/95 'decreeing the respondents suit for appellant's eviction from suit premises and also for recovery of mesne profits.

(2.) The backdrop of facts is this. By lease dated 18.12,1990, the respondents leased to the appellant suit premises for five years commencing from 6.10.1989. Clause (2) of the lease deed (Ex. Public Witness .I/ 2) provided for a renewal of the lease and was in the following terms.

(3.) On 9th May, 1994, the appellant Bank sent to the respondents the notice (Ex. Public Witness . 1/D-1) exercising its option for renewal of the lease for a period of 5 years from 6.10.1994 till 5.10.1999. On 23.7.1994, respondents sent a registered notice (Ex.P.W.1/3) to the appellant Bank terminating its tenancy w.e.f. 5.10.1994. Despite service of the notice to quit (Ex.P.W.1/3), appellant did not vacate the suit premises. Thereafter, respondents filed the present suit for appellant's eviction from the suit premises.