ANNAPURNA DEVI Vs. ALLAHABAD BANK

JUDGEMENT

(1.) The present writ petition is taken up today through Video conferencing.

(2.) The present writ petition has been filed for issuance of direction upon the concerned respondents to pay the arrears of difference of rent to the petitioners for 'Bari Kodarjanna Branch' of Allahabad Bank, District-Sahibganj situated in their building premises. Further prayer has been made for issuance of direction upon the respondents to execute fresh lease agreement with the petitioners for the said premises. The petitioners have also prayed for issuance of direction to the D.G.M, Allahabad Bank, Zonal Office, Deoghar to take final decision regarding the matter of less payment of rent as forwarded to him by the respondent no. 4- the Branch Manager, Allahabad Bank, Bari Kodarjanna Branch vide letter no. 107 dtd. 7/9/2016.

(3.) Learned counsel for the petitioners submits that Bari Kodarjanna Branch of Allahabad Bank was situated over 400 sq. ft. carpet area in the building premises owned by the husband of the petitioner no.l (hereinafter to be called as "the landlord") for which a lease agreement was executed between the landlord and the respondent-Bank in the month of December 1984. Subsequently, on 9/3/2006, the Bank took additional carpet area of 900 sq. ft. in the said building premises on rent from the landlord. It is further submitted that the Bank was paying less rent than what was agreed between the respondent-Bank and the landlord. The landlord requested the bank to pay the actual rent for the premises by increasing 25% of the rent in every five years which was mandatory as per the agreement but the respondent-Bank failed to act in terms with the same. The original rent agreement is in possession of the respondent-Bank. The respondent no. 4. though vide letter no. 107 dtd. 7/9/2016 requested the D.G.M., Zonal Head, Allahabad Bank, Zonal Office, Deoghar to look into and take decision in the matter regarding less payment of rent to the landlord and after scrutinising the lease agreement so that dispute between the landlord and the respondent-Bank could be resolved, however no action has been taken as yet. It has been stated in the said agreement that the rent will be increased @ 25% in every five years, but due to some calculation mistake, the bank authorities were paying less rent. After death of the landlord on 6/5/2016, the petitioner no. 1 represented the Assistant General Manager, Allahabad Bank, Divisional Office, Deoghar through Branch Manager, Bari Kodarjanna Branch, District- Sahibganj on 6/9/2016 for renewal of agreement with fresh terms and conditions, however nothing has been done in this regard till date. It is further submitted that the petitioners have been paid less rent since December, 2004 and the Bank is duty bound to pay the difference of rent along with interest for the aforesaid period. It would be evident from the letter dtd. 7/9/2016 issued by the respondent no. 4 to the D.G.M., Zonal Head, Allahabad Bank, Zonal Office, Deoghar that due to calculation mistake, the enhancement of rent @ 25% in every five years could not be fixed properly due to which the landlord is getting less rent.