STATE BANK OF INDIA Vs. HARBANS LAL DUA

JUDGEMENT

(1.) BOTH these connected Civil Revisions under Section 25 of the Provincial Small Cause Court Act, 1925, arise out of a judgment of the Additional District Judge, court No. 3, Agra dated 22.9.2006 in S.C.C. Suit No. 17 of 2000 between Harbans Lal Dua v. State Bank of India, by which the suit was decreed for arrears of rent of Rs. 4,02,348.99 and mesne profit w.e.f. 22.5.2000 at the rate of Rs. 7,369 per month, and for eviction with direction to defendant -tenant to hand over the possession of the disputed premises to the plaintiff within three months.

(2.) BY an interim order dated 28.10.2006 the revisionist -bank was directed to deposit Rs. 7,60,000 in the account of the respondent -landlord within one month. The decree of eviction was not stayed as the trial court had granted time to the bank to vacate the premise upto 21.12.2006. By an interim order dated 15.1.2007 a direction was issued that till the next date the arrears of rent and mesne profit deposited by the bank in the account of the respondent -landlord shall not be withdrawn by the opposite party. Both the revisions were heard and the judgment was reserved.

(3.) ACCORDING to the plaint allegations Shri Harbans Lal Dua, the plaintiff -landlord let out the ground floor of the premise No. 19/10 -A/22, Jaipur House, Agra to the Bank for Rs. 1,400 per month in the year 1977. On 2.1.1987 the landlord let out the first floor also for Rs. 4,125 per month with an area measuring 1392 sq. ft. The landlord contended that a formula of increase of rent was agreed between the parties according to which the rent of the entire premises including the ground floor and the first floor was quantified at Rs. 8,842 w.e.f. 1.12.1997. At that time the agreed rent was much less than the market rent of Rs. 20,000 per month. He claimed Rs. 56,48,117 as arrears of rent after adjusting the amount deposited by the bank in his account upto 30.4.2000. By a notice dated 22.5.2000 sent by registered post the tenancy was terminated and the suit was filed demanding Rs. 6,55,800 as arrears of rent and mesne profits and a higher rent as mesne profit after the filing of the suit.