INDIAN BANK AND ANR. Vs. C. DAKSHINAMURTHY

JUDGEMENT

(1.) Aggrieved by the unanimous decisions of the Courts below, the defendants, which is the Bank, have preferred the above Second Appeal.

(2.) The suit is filed by the plaintiff for delivery of vacant possession of the property mentioned in the suit schedule; for damages for use and occupation from 01.11.2010 to 21.12.2010; and further to pay Rs. 4,000/- per day towards damages till the date of delivery of possession. The plaintiff is the owner of the suit property and the defendant, after inspecting the same, requested the plaintiff to let out of the same for the business on a monthly rent of Rs. 43,549/- per month inclusive of all amenities and exclusive of electricity consumption charges. The tenancy is a non-residential one and commenced from 29.05.2006. As the building itself was constructed in the year 2006, the provisions of Tamil Nadu Buildings (Lease and Rent Control) Act 1960 is not applicable, since the building is less than five years old. Hence, a notice of termination was issued on 10.10.2010 calling upon the defendants to deliver the vacant possession of the suit property besides claiming the damages.

(3.) The suit was resisted by the defendants-Bank contending that the suit was not maintainable, as the building was more than five years old. The appellants / defendants also putforth their contention that the plaintiff had borrowed loan from it and they were merged and re-phased at request of the plaintiff. As the plaintiff was irregular in payments, the defendants had sent a statutory notice under Section 13(2) of the SARFAESI Act. Thus contending, sought for dismissal of the suit.