GH AHMAD KUCHHAI Vs. J&K BANK LTD

JUDGEMENT

(1.) IN this suit for perpetual injunction and declaration filed by the plaintiff on the count that the plaintiff has leased out first floor comprising of a hall, attached bath with carpet area of 1403.73 Sft. and also basement of the building plus lockers consisting of 566.04 Sft., Front varandah consisting of 235 Sft., and Back Varandah consisting of 137.87 Sft. to the Bank (defendants) and the defendant/ Bank had occupied the said premises in February, 1989.

(2.) SUBSEQUENTLY negotiations and deliberations took place between the parties and both the parties accepted the terms and conditions, which came to be incorporated in the lease deed, which was executed on 11 -12 -1990. It is further submitted by the plaintiff that, amongst other conditions, it was agreed upon that the bank shall pay Rs.2.70 per Sft. carpet area in the first floor of the building and Rs.2/ - per Sft. carpet area for the basement floor inclusive of taxes (Municipal and Government) which were agreed upon that same shall be borne out by the lessors themselves.

(3.) IT is also stipulated that the possession of the said premises shall be handed over to the Bank authorities immediately. It was also stipulated that the life of the lease shall be for a period of ten years and the effect of the period of ten years is alleged to have been given from back date i.e. 26 -12 -1988. It was further agreed that the rent will be increased by 25% after the expiry of initial period of five years and that in case the bank authorities would like to leave the premises, notice to the lessor is to be given one month before and in lieu of the notice, expressing the intention to determine the lease or on payment of one monthsâ„¢ rent in lieu thereof.