NARENDER PANDIT Vs. ROGI KALYAN SAMITI

JUDGEMENT

(1.) THESE two petitions are being disposed of by a common judgment as virtually identical questions of fact and law are involved in these petitions.

(2.) THE brief facts of the case are that petitioner, Narender Pandit was allotted shop No.2 in the Regional Hospital, Bilaspur in the year 2003. THEre is no dispute that the lease was granted only for a period of five years w.e.f. 1.5.2003 to 30.4.2008 on yearly rent of Rs.2,57,000/-. It was also agreed that there would be 5% increase in rent every year. THE lease was to expire on 30.4.2008. About one month before the expiry of this lease period, the petitioner filed a suit being Civil Suit No.69/1 of 2008 in the Court of Civil Judge, Bilaspur. In this suit, he alleged that though the lease was initially granted for a period of five years but instead of giving him a shop, the defendant had only given an open space and had asked him to construct the shop and there was an oral understanding between the parties that the shop would be allotted for a further period of five years after the expiry of the initial lease agreement of 30.4.2008 subject to 10% enhancement of the rent. THE hospital is being managed by the defendant-Rogi Kalyan Smiti.

(3.) ON the basis of these statements, the appeal was dismissed as compromised and withdrawn.