ALLAHABAD BANK Vs. ABHISHEK GUPTA

JUDGEMENT

(1.) This petition under Article 227 of Constitution of India has been filed by the petitioner praying for setting aside the order dated 06.03.2018 passed by learned Additional District Judge, Court No. 16, Kanpur Nagar in SCC Suit No. 65 of 2013 (Abhishek Gupta v. Allahabad Bank) .

(2.) Petitioner which is a bank has taken the premises No. 120/246, Lajpat Nagar, Kanpur on rent from its landlord, Mr. Kishan Narain at the rate of Rs. 9189/- per month by a lease deed dated 09.08.1993. The carpet area is 2065 square feet. The rent was enhanced from time to time and lastly in 2016 it was enhanced to Rs. 27,815/- per month.

(3.) After death of original landlord Mr. Kishan Narain his son Subhash Gupta became the landlord and the petitioner continued to pay the rent to Mr. Subhash Gupta. After Subhash Gupta the respondent No. 1, Abhishek Gupta, claimed to be sole landlord of the premises in question and on the basis of such claim a lease deed was signed between the bank and Mr. Abhishek Gupta on 04.08.2007 with respect to tenancy starting w.e.f. 26.12.2006 up to 25.12.2011. However, the bank continued in possession of the premises in question even after 25.12.2011 though no lease deed has been executed thereafter. Shri Abhishek Gupta asked the bank to enhance the rent and thereafter, also issued a legal notice through his Advocate in January, 2013 terminating the tenancy.