INDIAN BANK Vs. B.D. AGGARWAL

JUDGEMENT

(1.) Petitioner impugns order dated 30.01.2019 whereby the application of the petitioner under Order VII Rule 11 CPC has been dismissed.

(2.) Subject Suit was filed by the respondent for recovery of possession, mesne profits, damages and injunction. Case set up by the respondent is that the respondents were the owners of the subject property having purchased the same from his erstwhile owner. As per the respondents, the petitioner bank was a tenant under the erstwhile owner and after the purchase of the property, the erstwhile owner informed the bank about the sale and requested the bank to attorn to the respondent.

(3.) It is contended that initially the subject premises was let out by its erstwhile owner for a period of five years commencing from 01.06.2009 and ending on 31.05.2014. It is contended that the lease expired by afflux of time and even a letter was issued by the bank informing the erstwhile owner that they were in the process of fixing an alternative premises for their branch and would continue in the existing premises as shifting to alternative premises would take three to four months.