CENTRAL BANK OF INDIA Vs. RAJAT KUMAR TALAPATRA

JUDGEMENT

(1.) This application raises a short but an important question of law.

(2.) The facts of the case lie in a very narrow compass. The opposite parties inducted the petitioner as a tenant by virtue of a registered indenture of lease dated 11th October, 1982. The said registered deed of lease was valid for a period of 7 years. However, the said instrument contained a renewal clause to the effect that after expiry of the fixed period of 7 years i.e. 30th June, 1984 the lease may be renewed for a further period of two years only on the ha me terms and conditions provided the lessee exercises this option before one month from the date of expiry of the terms as provided in the lease. Admittedly the aforementioned agreement came into force with effect from 1.7.1977 and the fixed period of seven years expired on 30.6.1984.

(3.) Before expiry of the period of one month of the period of the said lease, the petitioner exercised his option for renewal of the period of the said lease for a further period of two years, in terms of the aforementioned clause in the deed and the opposite parties/landlord renewed the said lease for a further period of two years.