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2000 Supreme(SC) 1392

Y.K.SABHARWAL, S.S.M.QUADRI
Bhuneshwar Prasad – Appellant
Versus
United Commercial Bank – Respondent


JUDGMENT

Y.K. Sabharwal, J.-The appellants and respondents 3 to 7 are owners and landlords of the premises in question. United Commercial Bank-respondent No. 1 is the tenant. Respondent No. 2 is an officer of the bank.

2. A suit seeking a decree of eviction of the bank from the premises was filed by the owners. It has been, inter alia, alleged in the plaint that the bank was inducted as a tenant in the premises for a fixed period of five years commencing from 1st April, 1981 to 31st March, 1986 through a registered deed of lease. The bank was given an option to get the lease renewed for two terms of five years each provided it gives notice for renewal of the lease each time one month prior to the expiration of the period of lease. The bank exercised this option one month prior to 31st March, 1986 and accordingly the lease was renewed for the period from 1st April, 1986 to 31st March, 1991 at a monthly rent of Rs. 10,876/-. It seems that before 31st March, 1991, the bank did not exercise option for renewal of the lease. The bank was asked to vacate the premises by 31st May 1991 under plaintiff s letter dated 22nd April, 1991. Now, the bank by letter dated 24th April, 1991 requested t









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