JAMINI MOHAN ROY Vs. TRIPURA GRAMIN BANK

JUDGEMENT

(1.) -Present revision application under Section 115 Code of Civil Procedure, 1908, hereafter for brevity called the Code, has been filed by plaintiff applicant herein questioning jurisdictional legality and propriety of the judgment and order dated 5.5.1995 in Misc. Civil Case No. 28/95 arising out of Title Appeal No. 56 of 1994 passed by Sri D. Purkavastha, District Judge, West Tripura, Agartala thereby rejecting applicant prayer for enlargement of time for moving application for amendment of the plaint before the trial court outside the time which was allowed by that (appellate) court vide its judgment and decree dated 27.1.1995.

(2.) Before entering into the adjudication of the respective contentions made before me in support and opposition of this application it is necessary to notice the brief facts of the case which are relevant for this case.

(3.) Title Suit No. 11 of 1990 was filed by the applicant seeking declaration and injunction against the respondent Bank on the facts that the Bank was tenant of the building belonging to the applicant. On Bank's request the applicant carried out some extension in the building as per the specifications supplied by the Bank within stipulated time but in breach of the agreement the Bank was in the lookout of shifting elsewhere by vacating the tenement. A decree for subsistence of relationship of lessor and lessee between the applicant and the Bank regarding extended portion too and for injunction restrain the Bank from vacating the tenement and obviously for payment of rent was made in the plaint. The suit was contested and the agreement was denied. Plea about non-maintainability of the suit was also taken. R was also alleged that a notice dated 23.12.89 was served on the applicant giving intimation of Bank's intention of vacating the building under tenancy by 26.12.89 and as per that notice the building was vacated by the Bank mainly due to shortage of accommodation.