B CHITRA RAMACHARANDAS Vs. NATIONAL REMOTE SENSING AGENCY

JUDGEMENT

(1.) These two appeals can be disposed of by a common judgment as the question involved is one and the same and the facts of the two cases are identical.

(2.) The appeals arise out of two suits filed by two different landlords, owning separate portions of the same building, against their common tenant for eviction and for mesne profits or damages for use and occupation.

(3.) It is not in dispute that the suit premises were leased out by the plaintiffs to the defendant under separate lease agreements dated 16-2-1979 for a period of two years with effect from 16-4-1978 on payment of rent at the rate of Rs. 0.63 ps. per sq.ft. The lease period expired by 15-4-1980. Before the expiry of the lease period i.e., on 7-1-1980, the defendant addressed a letter to the plaintiffs seeking extension/renewal of the leases. On 20-1-1980 the plaintiffs sent a reply stating that extension of the leases will be considered only on payment of rent at the rate of Rs. 2.00 per sq.ft. A joint meeting was held in March 1980 in which the defendant offered to increase the rent only by Rs. 0.10 ps. per sq.ft. as against the plaintiffs' demand of Rs. 2.00 per sq.ft. The plaintiffs did not accept the said offer and demanded the defendant to vacate the suit premises by 15-4-1980. On 14-4-1980 the defendant sent a letter to the plaintiffs to the effect that status quo be maintained as per the original lease agreements dated 16-2-1979. On 15-4-1980 the plaintiffs issued telegrams to the defendant asking the defendant to vacate the suit premises forthwith. On 16-4-1980 the defendant sent a reply telegram suggesting further negotiations. As there was no settlement, the plaintiffs issued quit notices on 21-4-1980 to the defendant calling upon the defendant to vacate the premises by mid-night of 15-5-1980 and claiming damages for use and occupation at the rate of Rs. 2.00 per sq.ft. After some further correspondence between the parties, which proved futile, the suits were filed on 10-10-1980.