RAMESHBHIKAMCHAND JAIN Vs. CORPORATION BANK

JUDGEMENT

(1.) THIS appeal is at the instance of the plaintiff who had instituted Special Civil Suit No. 441 of 1998 on or about 30th November, 1998, in the Court of Civil Judge, Senior Division, Jalgaon, for a decree of eviction and to seek possession of the subject premises as well as for recovery of rental considerations for the period from 1-12-1995 to 30-11-1998 with interest thereon at the rate of 24% per annum till the realization of the payment. This suit was dismissed by judgment and order dated 23-2-2001 and being aggrieved by the same the plaintiff approached the District Court in appeal i. e. Civil Appeal No. 7 of 2001. By order dated 5-7-2001, the appeal was returned for being filed before this Court on the ground that the same was not tenable in view of its valuation shown at Rs. 22,99,440/ -. The plaintiff moved an application for review and the same was rejected by the learned 3rd Additional District Judge, Jalgaon, on 21-7-2001. Hence, this returned Appeal against the judgment and order passed by the learned 2nd Joint Civil Judge, Senior Division, Jalgaon in Special Civil Suit No. 441 of 1998, being submitted to this Court.

(2.) THE suit premises namely: shop Nos. 1 to 4 admeasuring 2545 sq. ft. on the ground floor of Building No. 9 located in the premises of Khandesh Mill in Nehru Chowk, Jalgaon, are admittedly owned by the said Mill. By an agreement dated 1-9-1983, the plaintiff became the lessee of the suit premises. He continued to be in occupation and enjoyment of the same and by letter dated 25-1-1984 the mill management/owner had purportedly granted permission to sub-lease or give the premises on leave and licence to the plaintiff. By agreement of leave and licence dated 14-10-1985 the plaintiff handed over the suit premises to the defendant Bank i. e. Corporation Bank and the lease was to expire on 30-6-1990. It appears that by exchange of letters between the parties the lease period was extended for a further period of five years i. e. upto 30-6-1995 or 30-11-1995, as the case may be. It appears that on or about 31-3-1995 the plaintiff issued a legal notice for recovery of rental charges at the rate of Rs. 10/- per sq. ft. as against the amount remitted at the rate of Rs. 10,180/- per month as well as for eviction. Finally, Special Civil Suit No. 441 of 1998 was moved before the Court below and the substantial prayers set out in the plaint read thus :

(3.) THE trial Court, on assessing the submissions of the respective parties and the evidence adduced before it, held that (1) the plaintiff was not competent to let-out the premises to the defendant bank, (2) the plaintiff failed to prove that the suit premises were given to the defendant under leave and licence and (3) the plaintiff was not entitled to the possession of the suit premises as well as mesne profits.