SHAH FOUNDATION Vs. STATE BANK OF HYDERABAD

JUDGEMENT

(1.) This is a petition of complaint filed by Trust Body named M/s. Shah Foundation against the State Bank of Hyderabad. The case of petitioner is that they had offered a super-built area of 8,400 sq. ft. for lease to the opposite party-Bank viz. State Bank of Hyderabad. The Bank by their letter dated 24.5.1993 informed that they were in requirement of 5,900 sq. ft. By another letter dated 31.5.1993 they had finally agreed to have a lease of 5,782 sq. ft. approximately subject-to the final ascertainment of the area by the Bank's Engineer at the time of taking possession. Ultimately, a written agreement was prepared within the parties for which they agreed to take lease of 5,984 sq. ft. super-built area lying on the ground and 1st floor of Amar Kunj at Premises No.53, Sarat Bose Road, Calcutta 25. The petitioner's allegation is that although the Bank is possessing the aforesaid super-built area for their Bank, they are actually paid rent for an area of 5,297 sq. ft.

(2.) Notice was duly served on the opposite party Bank viz. State Bank of Hyderabad, Landsdowne Branch, but they failed to appear inspite of the receipt of the notice. The case is, accordingly, heard ex-parte.

(3.) The learned Advocate for the petitioner has produced the relevant papers in support of their case. It is found that although the superbuilt area offered by the parties was different, they had finally agreed on the basis of a written deed of lease to lease out a total area of 5,984 sq. ft. This document is signed by both the parties in presence of five witnesses and we do not find any reason to dis-believe the document. That being so, the opposite party is bound to pay rent for a super-built area of 5,984 sq. ft. at the agreed rate of Rs.27/per sq. ft. to the petitioner. Thus, on a calculation it appears that the petitioner is entitled to realise rent @ Rs.27/- per sq. ft. for 687 sq. ft. (5,984-5,297) per month in addition to the rent already paid from the date of taking possession of the premises i. e. the 14th June, 1993. The amount shall carry an interest @ 18% p. a. till payment. The opposite party is directed to make the above payment to the petitioner M/s. Shah Foundation within a period of one month from the date of communication of this order. There will be no separate order for cost. The case is, thus, disposed of.