STATE BANK OF INDIA Vs. THANHLIRA HAUVA

JUDGEMENT

(1.) Heard Mr. Zodinpuia Hnamte, learned counsel for the appellants along with Mr. Lalfakawma, learned counsel for the respondent.

(2.) This is an appeal under Order 41 r/w Sec. 96 of the Code of Civil Procedure, 1908 as well as Sec. 17 of the Mizoram Civil Courts Act, 2005 against the impugned Judgment and Order dtd. 13/12/2021 passed by the learned Senior Civil Judge-IV, Aizawl District, Aizawl in Money Suit No. 9/2016.

(3.) Facts of the case in a nutshell is that the appellants had executed an Agreement dtd. 1/8/2006 with the respondent that the first floor of the property of the respondent which comprises of an area of 2000 sq.ft., would be rented by the appellants @Rs.18,000.00 (Rupees eighteen thousand) only, for a period of 5 years (i.e. till 1/8/2011). The agreement was subject to renewal for a further period from the date of expiry. However, after the expiry date of the rental agreement, no rental agreement or renewal or extension of rental agreement was made between the parties. The appellants had in an effort to shift the premises in a area within Zarkawt had made a newspaper publication on 18/7/2012 however since they did not find an alternative building the appellants continue to occupy the building and continued to pay Rs.18,000.00 per month. On 19/8/2013, the respondents wrote a letter to the appellants stating his desire to raise the rent amount while mentioning the rental rates paid by other banks located at the same locality, i.e HDFC, Zarkawt branch which was paying Rs.36.68 per sq.ft and at 1230 sq.ft was paying Rs.45,000.00 per month, and ICICI Bank was paying close to Rs.1,40,00.00 per month at the rate of Rs.35.00 per sq ft. Thereafter on 28/9/2013 he again wrote to the appellants that the rent of the premises occupied by the appellants would increase and shall be Rs.72,000.00 per month at the rate of Rs.36.00 per sq.ft from October 2013 till December 2013 and for the appellants to vacate the premises since the lease agreement expired on 1/8/2011 and that the lease period of two years would be @ of Rs.25.00 per sq.ft i.e Rs.50,000.00 per month for a period of 25 months. On 9/10/2013, the respondent wrote a similar letter to the appellant. Both the parties thereafter tried to come to some settlement with regards to the new rental rates but could not arrive at any agreement. The appellants in the meantime, continued to pay the rent amount of Rs.18,000.00 per month as per their previous agreement, while they continued to look for a new office building in the same locality and moved out to a new office during the month of March, 2015. After the appellants vacated the office, the respondent wrote a letter dtd. 23/3/2015 on referring to his previous letters dtd. 23/8/2013, 30/9/2013, and 7/10/2013, mentioned that as per the above correspondences the appellant bank was informed to pay a monthly Rs, 75,000/- at the rate of Rs.35.00 per sq. ft since the rate of Rs.9.00 per sq. ft was no longer acceptable. However since the appellant Bank had continued to stay in the premises for over a year without any reply, the Respondent claimed arrears of rent payable by the appellants from the month of October 2013 to February 2015 @ Rs.72,000.00 per month which after deducting the Rs.18,000.00 per month for the said period amounted to Rs.9,18,000.00. It was also mentioned that will not be charging the rent for the month of March 2015.