PUNJAB NATIONAL BANK Vs. RAM KISHORE MAHANSARIYA S/O LATE MAHAVEER PRASAD MAHANSARIYA, R/O 69/408, NEAR HEERA PATH, MANSAROVAR, JAIPUR

JUDGEMENT

(1.) The instant Civil First Appeal under Section 96 read with Order 41, Rule 1 CPC has been filed by the defendant-appellants aggrieved by the judgment and decree dated 26th September, 2016 passed by the learned Addl. District Judge No.2, Jhunjhunu in civil suit No.81/2012 whereby the suit filed by the plaintiff-respondent for eviction of the defendant-appellant from the disputed premises has been decreed on the ground of expiry of lease period and termination of tenancy by serving a valid legal notice by the landlord.

(2.) Briefly, stated the facts giving rise to the present appeal are that the plaintiff respondent instituted a civil suit for eviction of the defendant-appellant from the premises situated in town Bissau. It was averred in the plaint that the defendant bank on 17th April, 2001 took the premises of the plaintiff on rent for running a branch of the bank through a written rent deed. Initially the property was let out for a period of five years which was extendable for further five years on enhanced rent. As per the case of the plaintiff-respondent the initial rent deed was executed between the parties on 27th April, 2001 therefore, the extended tenure of the rent deed was up to 27th April, 2011. On 17th January, 2011 the plaintiff respondent, through his advocate served a legal notice to the Branch Manager asking him to vacate the premises on completion of the lease period. A corrigendum to the legal notice was also sent as there was some error in the date. As per the averments of the plaintiff, the defendants neither sent any reply to the letters nor vacated the premises even on expiry of lease period. In addition to this, the plaintiff averred that the disputed premise is required for the personal need of his son Naveen Mahansariya.

(3.) The defendant appellant bank contested the suit by filing written statement and the learned trial court framed as many as seven issues.