UNION OF INDIA Vs. ANDHRA BANK LTD

JUDGEMENT

(1.) THE Union of India and the Executive Engineer, C. P. W. D., Madras, who were the defendants in O. S. No. 5383 of 1967, City Civil Court, Madras, are the appellants. The Andhra Bank Ltd., owned premises No. 6 Linghi Chetti St., Madras -1, which had three floors. The Executive Engineer, C. P. W. D., on behalf of the Union of India took on lease the second and the third floors of the above premises on 1 -7 -1955, on a monthly rent of Rs. 1,150 and on an increased rent of Rs. 1,500 with effect from 1 -7 -1959. Certain fittings and fixtures also formed part of the demise. The tenancy continued without any complexity till 30 -6 -1962 by which time, the period of the lease expired. The plaintiffs under Ex. B -2 made it known that on the expiry of the lease, they were not willing to renew the lease and also put on notice the defendants of the fact that they have not expressed their desire in writing for renewal of the lease as contemplated in the original agreement of lease. Under Ex. B -2, the plaintiffs also notified the defendants that they were in arrears of rent by then. Under Ex. B -3, dated 24 -12 -1962, the defendants expressed their desire to continue as tenants of the premises in question on the same terms and conditions for a further period of three years. On receipt of this, the plaintiffs through their lawyer and under Ex. A -1, determined the tenancy of the defendants, as there was no notice in accordance with the terms of the original lease from the defendants requesting for a renewal of the lease for a further term. The defendants were, therefore, called upon to quit and deliver vacant possession. This was followed by another letter Exhibit A - 2, which ran as follows:

(2.) THE learned City Civil Judge framed the following issues -

(3.) THE other question is, whether as to what is the character of the money, which the occupant would, in the above circumstances, be liable to pay to the landlords; whether it is rent or damages for use and occupation.