PESSA (INDIA PRIVATE LIMITED Vs. ASHA CHACHRA

JUDGEMENT

(1.) Smt. Asha Chachra, wife of Late Narendra Kumar Chachra of Jugsalai (Jamshadpur) is the owner of the building situated over plot No. 1823 under khata No. 384 at station road. She inducted M/s. Pessa (India) Private Limited as a tenant in the premises, consisting of two rooms measuring 364.83 sq. pt (Approx), on the main roadside at monthly rent of Rs. 800/-. The tenant paid a sum of Rs. 50,000/- as security money, which was refundable with interest, whenever vacant possession of the premises was demanded and on the other hand if the tenant handed over vacant possession to the landlady on or before the stipulated period, they were entitled to demand the said security money from the landly without interest after giving three months' advance notice for the said purpose. On 2.3.1983 a registered lease was executed between the parties and the tenancy was creates for a fixed period of ten years, commencing from the 1st of February, 1983 and ending on the expiry of the 31st day of January, 1993. Unless the tenancy was renewed or extended on mutual agreement, the tenant was required to deliver, vacant possession of the premises to the landlady without any let or hindrances on the expiry of the lease period.

(2.) On 14.7.1992 the landlady claimed to have sent a notice and informed the tenant that she would not renew the lease for any further period after its expiry on 31.1.1993. It was also indicated in the said notice that if the tenant failed to write to her their intention for renewal of the lease within fifteen days of September, 1992, she would presume that they were no more interested in the matter of the Lease and accordingly would make arrangement to refund the security deposit of Rs. 50,000/- to them at the time the premises is vacated. The landlady did not receive any such request from the tenant and as such on 25.9.1992 sent notice to then to vacate the premises by 31.1.1993 and to receive the security money. In reply to the said notice dated 25.9.1992 the tenant requested for renewal of the Lease and did not vacate the premises on the expiry of the period of Lease.

(3.) The plaintiff, therefore, filed Eviction Suit No. 56 of 1993 in the court of Munsif, Jamshedpur for eviction of the defendants from the suit premises described in detail in Schedule A to the plaint under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (Hereinafter referred to as "the Act").