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 same terms and conditions provided the lessee exercises this option before one month from the date of expiry of the term 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.) HOWEVER , in relation to the aforementioned renewal of the lease for a further period of two years no registered instrument of lease was executed by and between the landlord and the tenant. On the expiry of the further period of two years, the petitioner by a letter dated 3.5.1986 prayed for renewal of the period of the said lease for a further period of one year.