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GOUTAM BHADURI, N. K. CHANDRAVANSHI
Prahlad Kumar Tiwari S/o Late Dwarkanath Tiwari – Appellant
Versus
Steel Authority Of India Ltd. , Bhilai Steel Plant, Through Chief Executive Officer – Respondent
JUDGMENT :
Goutam Bhaduri, J.
Heard.
1. Instant appeal is against the judgement and decree dated 18/05/2018 passed by the 4th Additional District Judge, Durg in Civil Suit No.33-A/2016.
2. A civil suit was filed by the appellant/plaintiff that the amount deposited for renewal of lease under protest of Rs.1772375/- be returned alongwith interest. The plaint allegation would show that the appellant/plaintiff was allotted a land of 1000 sq.ft. of plot No.153 under shop cum residence scheme of Bhilai Steel Plant for 30 years on 30/09/1982. The lease came to an end on 29/09/2012. According to the plaintiff, the lease deed embodied a renewal clause that at the time of expiry, if the renewal option is exercised, that would be further renewed for a period of 30 years subject to enhancement of existing rent which would not be more than 50%. The plaintiff contended that to renew the lease an amount of renewal fees of Rs.1562500/- was demanded alongwith Rs.1,25,000/- as a security deposit. The plaintiff stated that the premium was already paid in the year 1982 as such the respondent cannot demand further amount of fees by way of a renewal and since the plaintiff was facing an ejectment, the amoun
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