SARITA SINHA Vs. SATE OF BIHAR

JUDGEMENT

(1.) WRIT petitioner-appellant aggrieved by the order dated 26-2-2004 passed by a learned Single Judge in cwjc No. 14100 of 2002 dismissing the writ application has preferred this appeal under clause X of the Letters Patent.

(2.) DURING the pendency of the appeal writ petitioner died and this appeal is being pursued by her heirs and legal representatives.

(3.) BEREFT of unnecessary details facts giving rise to the present appeal are that by a lease dated 1st of June, 1978, 8000 sq. feet of land at Boring Road, in the heart of Patna was demised for a period of fifteen years by the original petitioner Usha Sinha, (hereinafter referred to as the lessor) to M/s. S. K. Puri Service Station through its Managing partner Amrendra Komlam, (hereinafter referred to as the lessee) for establishment of a Petrol Pump. It is a registered lease and according to its terms and conditions, the lessee was to pay a monthly rental of Rs. 1000/- for the first ten years and Rs. 1,200/-for the remaining five years. After expiry of the aforesaid period, the lessor resorted to a proceeding before a competent Court of civil Jurisdiction for eviction of the lessee which was registered as Title Suit No. 382 of 1983. On the other hand, lessee also filed a suit for specific performance of contract and prayed for extension of the period of lease based on unregistered document dated 2-9-1978, which gave rise to Title Suit no. 15 of 1996.