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2005 Supreme(Del) 605

MUKUNDAKAM SHARMA
STATE BANK OF BIKANER AND JAIPUR – Appellant
Versus
I. S. RATTA – Respondent


Advocates Appeared:
A.S.CHANDHIOK, AMITA SEHGAL, DINESH GARG, K.V.CHOPRA

Mukundakam Sharma, J.

( 1 ) THE present appeal has been preferred by the appellant bank as against the judgment and decree dated 28th January, 1997 passed by the Addl. District Judge, Delhi in Suit No. 6/89. The appellant was a tenant under the respondents in respect of flat No. 3, First Floor along with Mezzanine floor, located at Barakhamba Road, New Delhi (for short the flat ) having approximate area of 1443 sq. ft.

( 2 ) THE facts in brief are that the suit premises, namely, the flat in question was leased out in favour of the appellant by the respondents through a registered lease deed dated 28th October, 1975 for a period of seven years commencing from 1st October, 1975. The said lease deed contained a renewal clause to the following effect:

"to hold the demised premises upto the bank for the term of seven years to be computed from 1st day of October, One thousand nine hundred and seventy five with option to the lessee of renewing the lease of the demised premises for a further period of five years subject to the condition hereinafter contained. "

( 3 ) PURSUANT to the aforesaid renewal clause, the bank exercised its option by writing a letter dated 24th June, 1982 for renewin


















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