BHAGIRATH AGARWALLA Vs. FRENCH MOTOR CAR CO LTD

JUDGEMENT

(1.) The second appeal arises out of the judgment passed by District Judge, Jalpaiguri, in O.C. Appeal No. 3 of 1987.

(2.) The father of the appellant Tarachand Agarwalla let out the premises in suit to respondent on 7.3.59. The lease deed was executed by the respondent in the name of Tarachand Agarwalla. By a letter dated 7.4.77, respondents were informed by Tarachand that in view of the family partition, the premises in suit had fallen to the share of the appellant Bhagirath Agarwalla and in future the respondent should pay rent to him. Accordingly the respondent started paying rent to appellant. All these facts are not in dispute in this appeal.

(3.) The case of the plaintiff-appellant was that the original lease was granted for a period of 21 years which expired on 31st March, 1980. As per the terms of lease agreement the tenant had option to seek renewal of the lease for a minimum period of 5 years. In spite of service of notice the defendants failed to vacate. The defendants sent a notice for extension of lease for a period of 9 years which was received by the plaintiff on 5.3.80. The said intimation was bad in law because as per the terms of agreement, the intention of the tenant ought to have communicated to landlord one month before the expiry of the lease. Hence a decree for ejectment be passed against the defendants.