ARUN KUMAR Vs. VIITH A D J

JUDGEMENT

(1.) I have heard learned Counsel for the petitioner Sri Pankaj Mithal, Sri K.C. Saxena learned Counsel for the contesting respondents and have perused the entire record.

(2.) The facts of the case are that the petitioner leased out a plot of land measuring 100' x 100' situated at Meerut-Delhi Road, Meerut, which was part and parcel of khasra plot No. 1965, A registered lease deed was executed on 6.6.1972 in favour of respondent No. 3 for a period of 20 years commencing from the 1st of May, 1972. The lease deed is on record and records that the said plot with one small room and a dug was leased out for the purpose of establishing and running a petrol pump. The lease rent as agreed was fixed at Rs. 500 per month for two years and Rs. 600 per month for next eight years and finally Rs. 700 per month for the last ten years.

(3.) From a perusal of lease deed, the intention of the parties was that the lease was being made for the land. There was no intention to convert the lease into that of a lease for a building. There is no intention of renewal of the lease deed nor there is any condition in the lease deed which would convert into a lease deed for building. The said lease deed expired on 30.4.1992. The petitioner sought to initiate proceedings to evict the respondent No. 3 from the land and filed a suit being O.S. No. 501 of 1992 after giving due notice of the termination of the lease under Section 106 of Transfer of Property Act. The contention of the petitioner in the suit was that the plot of the land had been leased out in favour of the respondent No. 3. The term of the lease had come to an end and therefore he made the below-noted prayers in his plaint: