ANWAR HASAN Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) An ordinary citizen, being harassed by the arbitrary and oppressive attitude of a Public Sector Bank, has come to this Court for redressal of his long standing grievances. Counter affidavit having been filed, facts not in dispute, the case is taken up for final disposal at this stage itself with consent of parties.

(2.) At Naya Tola, in the town of Patna, the petitioner and his three brothers, respondents No. 5, 6 and 7, who do not oppose rather support the writ petition, have a premises, the ground floor of which, admeasuring about 2,500 square feet, was let out to the Central Bank of India for its Naya Tola Branch. It is not in dispute that Central Bank of India, the contesting respondent is a Nationalised Public Sector Bank and would be State within the meaning of Article 12 of the Constitution of India.

(3.) As per registered lease deed executed as between the parties in the year, 1992 for a tenancy for four years being calendar years 1992 to 1995, it was agreed that for the first two calendar years that is 1992 and 1993, the rent payable would be Rs. 5,050/- per month and for the next two years that is 1994 and 1995, it would be at the enhanced rate of Rs. 6,050/- per month. The Bank, on expiry of the said lease, did not get the lease renewed by executing any fresh lease deed. It, being in possession of the leased premises and apparently taking advantage of the fact that it could not be evicted easily, entered into long drawn negotiation in regard to enhancement of rent payable for fresh lease deed.