DENA BANK Vs. GYAN KUMARI JAIN

JUDGEMENT

(1.) AS both these revision applications arise out of the same order dated 6.9.1994 passed by the Munsif, 1st Court, Gaya, in Eviction Suit No. 10 of 1994, they have been heard analogous and are being disposed of by this common judgment/order.

(2.) IN short, the relevant facts are that the eviction suit was filed on behalf of the plaintiff opposite party for eviction of the defendants petitioners from the suit premises on the ground of expiry of the fixed period of lease.

(3.) THE admitted case of the parties is that through a registered deed of lease dated 30th December, 1980, the ground floor of Holding No. 17 (New), 15 -D (Old) at Mir Abu Saleh Road, Gaya, having a carpet area of 1600. square feet, was let out to the defendant -petitioner at a monthly rental of Rs. 1600/ -, i.e., at the rate of Re. 1/ - per square feet. The lease was for a fixed period of ten years effective from 1.4.1981, when the possession of the building was handed over to the defendants. However, under the terms of the lease it was stipulated that the same could be renewed for a further period of five years after giving three months notice in writing before the date of expiry of the lease.