PUNJAB AND SIND BANK Vs. HOTEL RAJ HANS

JUDGEMENT

(1.) THIS appeal is by the defendant -appellant against the judgment and decree dated 6.6.1994 (decree signed on 17. 6.1994) passed by the learned Subordinate Judge III, Jamshedpur in Title Suit No. 79/82, by reason of which the court below has decreed the suit against the appellant.

(2.) THE facts of the case lie in a narrow compass. The plaintiffs -respondents filed the aforesaid suit for eviction of the defendant -tenant on the ground of default of monthly rent from January, 1980. up to the date of filing of the suit including the electric charges. The plaintiffs also claimed arrears of rent for the aforesaid period @ Rs. 3263.00 per month and also electric charges as per meter reading, which have been detailed in Schedule B of the plaint According to the plaintiffs, cause of action for filing the suit arose from April, 1981. Other reliefs were also claimed by the plaintiffs.

(3.) THE case of the plaintiffs in the plaint is that in or about April, 1974, being approached by the defendant, the plaintiff Nos. 2 to 6 agreed to let out nearly 2837 Carpet feet of area on the Southern portion of the ground floor of the building at the monthly rent of Rs. 3,263.00 which would be payable according to the English Calendar Month. The defendant also agreed to pay Rs. 200.00 per month for "Neon Sign Board" besides electric charges according to metre reading and other charges as per electric consumption bills. Further case of the plaintiffs is that at the time of induction of the defendant as a tenant, who is a Bank, it was agreed that the Bank would sanction a loan to the plaintiffs for finishing the construction of the Upper floor of the hotel building but ultimately the same amount was not advanced. However, some loan was advanced on the hypothecation of some second hand trucks, The Bank was very irregular in payment of the rents and electric charges which necessitated in sending a demand notice to it. Subsequently, the Bank closed the loan account and filed a Money Suit No. 8/80 against the plaintiff Nos. 2 to 6 for recovery of the loan amount of Rupees three lakhs and odd. It is the case of the plaintiffs that alter the loan account was closed by the tenant -Bank, the plaintiffs wrote a letter to the Bank to close their Savings Bank Account and also intimated to send the monthly rent and electric charges directly to the plaintiffs. It was further directed that the said amount should not be deposited either in the loan account of the plaintiffs or in the Savings account, As, in spite of above intimation the defendant -Bunk has neither paid the electric charges nor the monthly rent from January, 1980 till the date of filing of the suit, the plaintiffs were compelled to file the instant suit for eviction. Further case of the plaintiffs that they do not like to keep the defendant any longer in the suit premises and by defaulting the Bank has made itself liable for eviction.