ABHINASH KUMAR LOHANI Vs. JITENDRA KUMAR SAHOO

JUDGEMENT

(1.) The present Writ Appeal seeks to challenge the Order dated 23.09.2020 passed by the learned Single Judge in W.P.(C) No.23804 of 2020 directing the electricity authority to provide temporary electricity supply in favour of the Writ Petitioner/present Respondent No.1 which amounts to granting the main relief sought for in the writ petition by the Respondent No.1.

(2.) The appellant's case, in nutshell, is that the respondent No.1 who is a gold merchant having a number of properties in prime locations of Keonjhar town including a huge Mall with name and style as "B.S. Mall". He was a tenant under joint family firm of the Appellant-M/s Kumar Multiplex Pvt. Ltd. and Dillip Kumar Ram for the Shop No.2 in Block-B and first floor of Block-B, Mayur Market Complex, now Mayur Complex, Keonjhar situated over Plot No.620 under Khata No.187, Block-B, Village-Pabitradiha, District-Keonjhar vide agreement dated 21.02.2012 and 27.02.2012 respectively. The period of tenancy was up to 31.12.2012 and it was never extended even though Clause-4 of the Deed of Agreement expressly provided for extension of the lease period by renewal of the agreement. Similarly, Clause-5 of the agreement, it was clearly stipulated that the Respondent No.1 shall not raise any alternation or construction on the permanent structure in the tenanted premises and shall hand over the premises to the landlord on the expiry of tenancy. The Respondent No.1 also agreed to pay the house rent by the end of the first week of the succeeding month and non-compliance of the Clause-12 shall be treated as a violation of the agreement and for such violation the respondent No.1 will be liable to be evicted without any further notice. The Respondent No.1 herein did not opt for any extension of the lease period in the absence of any fresh agreement. Hence, it was his solemn duty to hand over the possession of the tenanted premises to the landlord since the tenancy expired on 31.12.2012.

(3.) In a family partition the aforesaid property fell in the share of the present appellant. Since the tenancy period of the respondent No.1 was over in 2012, the appellant-landlord approached the respondent No.1 to enter into a fresh rent agreement or to hand over the vacant possession to him. But, the respondent No.1 took evasive plea and refused to vacate the possession. The precept of timely payment of lease rent is the essence of the Lease Agreement but it has not been respected by the Respondent No.1 herein. As a result of which, the present Appellant was compelled to file a suit for eviction and the same is pending before the learned Civil Judge (Senior Division), Keonjhar registered as C.S.No.81 of 2020.