SHANTI DEVI AGRAWAL Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THIS is a reference made by the learned Single Judge holding that the question raised in the First Appeal is of an importance; therefore, it may be decided by the Division Bench, though the question of law has not been framed by the learned Single Judge. However, whenever question is referred to the Larger Bench, question of law should be framed and then it should be referred to the Larger Bench. Since the question of law was not framed by the learned Single Judge, we shall frame a proper question after narration of few necessary facts.

(2.) A suit was filed by the plaintiffs/appellants. There is a house existing on plot No. 8/1 and 9 measuring 4000 sq. ft. The suit premises was rented out by the plaintiffs to the defendant-Bank on monthly rent of Rs. 4,537. 50 paise. The suit premises was previously owned by Bhagwanji Amarsi Chatwani and thereafter, the suit premises were purchased by the plaintiffs. It is alleged that the plaintiffs required the suit premises in order to start their business.

(3.) THE suit was resisted by the defendant-Bank. It is alleged that the suit premises originally belonged to one Swami Bhagwanji Amarsi and it was rented out by him to the Bank in a sum of Rs. 4,125/- per month on 1-3-1982. It is alleged that there was a condition stipulated in the rent agreement that it shall be for a period of five years and with an option to the plaintiffs to further extend the period for another five years with 10% increased rent. The increased rent was Rs. 4,537. 50 paise per month for another period of five years, which was being paid by the defendant to the plaintiffs. It is alleged that another period of five years was to expire on 29-2-1992, but the suit was filed on 4-1-1991; therefore, the suit is pre-mature.