INDIAN BANK & ANR Vs. BINDU DEVI

JUDGEMENT

(1.) Appellant Bank has preferred this appeal under Section 96 of the Code of Civil Procedure (for short, 'CPC') challenging the judgment and decree dated 6th October 2013 passed by Additional District Judge No.2, Bhilwara. By the impugned judgment and decree, the learned Addl. District Judge No.2, Bhilwara (for short, 'learned Court below') while deciding both the issues in favour of respondent-plaintiff has partly decreed the suit and declared her entitled for recovering a sum of Rs.5,18,243.32 from appellant Bank with interest @15% per annum.

(2.) The brief facts of the case are that respondentplaintiff let out its premises to the appellant Bank for running its Branch office at Bhilwara on 15th May 1996 and as per terms of the tenancy monthly rent was settled at Rs.15,200 subject to 20% escalation after every three years. Subsequently, parties entered into a lease dated 31st March 2003 which was registered with the SubRegistrar.

(3.) Initially, lease was for six years but with the mutual agreement of the parties it was renewed for further three years. During extended period of lease before expiry of nine years, respondent-plaintiff served a three months' notice for terminating the lease. On expiry of duration of lease, the appellant Bank vacated the premises on 31st December 2009 and at the time of handing over possession to the respondent landlord monthly rent was @Rs.21,888. After vacating the rented premises, respondent plaintiff instituted a civil suit claiming rent at the enhanced rate. The respondent plaintiff claimed in the suit: