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2022 Supreme(Del) 1800

AMIT BANSAL
Balwant Singh Dhamrait – Appellant
Versus
State Bank Of India – Respondent


Advocates appeared:
Mr. Akshay Makhija, Senior Advocate with Mr. Suryajyoti Singh Paul & Mr. Adarsh Chamoli, Advocates., for the Plaintiffs; Mr. S.L. Gupta, Advocate., for the Defendants

JUDGMENT

Amit Bansal, J. - The present suit has been filed seeking eviction of the defendant bank from the premises bearing No. A-5, situated at Ring Road, South Extension Part I, New Delhi- 110049, comprising of basement, ground floor and first floor, excluding garage on the ground floor and two rooms on the top of garage, admeasuring 5567.4 square feet (suit property) and recovery of mesne profits/damages.

2. In brief, the case set up by the plaintiffs in the plaint is set out hereinafter:

    i) The suit property was given on lease to the defendant bank for a term of 10 years from 13th November, 2003 to 12th November, 2013. For the first five years of the lease, the monthly rental was Rs. 3,21,000/-. After the expiry of five years, as provided in the Lease Deed, the monthly rent was increased by 25% to Rs.4,01,250. The defendant bank paid an amount of Rs. 19,26,000/- as six months' advance rent at the inception of the lease, which was to be adjusted in the last six months of the lease.

    ii) The lease was renewable for a further period of five years on terms and conditions to be mutually agreed between the parties, provided due notice was given to the plaintiffs by the defendant bank.

    iii)

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