B SHANTHAKUMAR Vs. INDIAN BANK OOTACAMUND

JUDGEMENT

(1.) THE plaintiff who is the owner of the house "Riversdale", Higgins Road, Ootcamund situated on a land with an extent of 23 cents, and with plinth area of 4000 sq. ft. has filed this suit for recovery of Rs. 1,87,500/- by way of damages from the defendant-Indian Bank, a body Corporate which has been impleaded thrice as being represented by its Branch, Manager Ooty, the Regional Manager, Coimbatore and the Assistant General Manager (Premises Department) Madras. Damages claimed are for the "discontinuance of the tenancy in violation and contravention of the solemn covenant of the lease for a fixed period". THE plaintiff has also claimed interest on the said sum and costs of the suit.

(2.) THE plaint averments are that the plaintiff was approached by the defendant for the lease of the plaintiff's building to the defendant for its use as "holiday home" for its employees and that after discussions with the General Manager of the Bank, it was agreed that there will be a lease of the building to the defendant "for a certain period of five years with an option for renewal for two years with 10% increase in rent". THE amount to be paid each month was Rs. 7500/- out of which Rs. 3000/- was towards rent and Rs. 4500/- was towards amenities including for caretaker and maintenance.

(3.) THE plaintiff has further pleaded that the defendant, contrary to the commitment to remain in the plaintiff's premises as lessees for a fixed period of five years, prematurely terminated the tenancy by their notice dated 23.11.89, which has been marked as Ex. P10 whereby the defendants/bank intimated the plaintiff that it would be vacating the premises on 28.2.90. By the said letter, the plaintiff was also asked to adjust the sum of Rs. 22,500/- which had been paid by the defendants as advance at the time of taking the premises on lease, towards the rents payable for those three months.