UCO BANK Vs. KAMLESH GANDOTRA

JUDGEMENT

(1.) The facts leading to the filing of this Civil Ist Appeal directed against the Decree dated 14.02.2011 of the Principal District Judge, Jammu whereby respondents Suit for appellant s eviction from House No. 92-B Block-A Gandhi Nagar, Jammu and compensation for use and occupation thereof was decreed against the Appellant may, in brief, be stated thus:-

(2.) Before the expiry of the period of Lease, the appellant, through its Advocate served Notice dated October 03, 2002 expressing its desire for a new lease of five years after the expiry of the earlier lease on enhanced rent @ 15% over and above the existing rate invoking Clause 4 (f) of the Lease Deed which provided for the grant of fresh lease on mutually acceptable terms, conditions and covenants.

(3.) Though before the expiry of the initial lease, there were negotiations between the parties for a fresh Lease, yet the respondents declined the appellant s request and served Notice dated January 03, 2003 on the appellant terminating its tenancy and requiring it to handover the possession of the premises within one month from the date of determination of the tenancy. Thereafter, the parties again entered into negotiation for finalizing the fresh lease.