STATE BANK OF INDIA Vs. TASNEEM HUSSAIN

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment and decree dated 5.7.2005 passed by the 4th Additional District Judge, Bhopal in Civil Suit No.14-A of 2004 whereby a money decree of Rs.1,38,848/- along with the interest was given in favour of the respondent/plaintiff.

(2.) The admitted facts of the case are that the appellant/Bank was a tenant in the building "Sakina Villa" situated in Arera Colony, Bhopal since 12.10.1987 up to 28.2.2003. It is also admitted that the plaintiff and Kaneez Fatima were co-owners of suit accommodation. It is also admitted that initially the accommodation was let out for five years to the appellant/bank at the rate of Rs.11,000/- per month as rent and thereafter in the year 1992 to 1997 the lease was renewed.

(3.) The plaintiff has filed a civil suit before the District Court, Bhopal that on 1.10.1997 a lease deed was executed between the landlords and the appellant/ Bank on 23.5.1996. Thereafter, talks took place for enhancement of the rent. Representative of the plaintiff participated in the various meetings for that purpose with the officers of the appellant. Vide letter dated 5.12.2000 the appellant gave a proposal that lease be renewed for three years from 1.10.1997 with enhancement of 30% in the rent and thereafter, on completion of three years an enhancement of 30% of rent was also proposed and it was informed that if no intimation was received upto 5.12.2000 then the proposal given by the Bank would be deemed admitted by the plaintiff. On 28.2.2003, the appellant vacated the suit premises. However, no enhanced rent was given to the plaintiff. A legal notice dated 27.9.2001 was given to the appellant. Thereafter, one telegram was also given. Again notices were given on 18.1.2003 and 19.2.2003 but, no enhanced rent was paid by the Bank and therefore, the plaintiff/respondent claimed the arrears of enhanced rent along with interest in the civil suit and claimed a sum of Rs.1,86,313/- from the appellant/Bank.