UNITED COMMERCIAL BANK, BOLANGIR Vs. SASHIKANTA BHAMMAR

JUDGEMENT

(1.) DEFENDANTS are in appeal against judgment and decree dated 2.12.2008 passed by learned Civil Judge (Sr.Divn.), Balangir in Civil Suit No.79 of 2007.

(2.) CIVIL Suit No.79 of 2007 is a suit for eviction and damages. Defendants represent United Commercial Bank. Suit property consisting of land and building belonging to the plaintiff was leased out in favour of defendant no.1 -Bank for a period of 5 years at monthly rent of Rs.6370/ - by registered lease deed dated 7.12.2001 which has beenmarked as Ext. 1 and Ext. B. Stipulation with regard to continuance of the lease after expiry of lease period underClause 4 -(f) of the lease deed provides:

(3.) PLAINTIFF s case is that as per the term of the lease deed, on expiry of the lease period, renewal is to be made upon fixation of fresh rent at market rate as agreed by the parties. Fresh lease is to commence on execution of fresh lease deed. DefendantBank neither responded to plaintiff s letters for fixation of fresh rent and execution of fresh lease deed nor has vacated the suit premises. The defendant Bank is, therefore, in unauthorized occupation of suit premises after expiry of lease on 31.10.2006. Hence, the Bank is liable to be evicted and also to pay Rs.50,000/ - towards damages as well as pendent lite and future damages.