The main legal point established in the judgment is the determination of lease renewal and mesne profits based on the last paid rent by the defendant bank, applying principles from previous judgments.

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) The plaintiffs issued a letter dated 20th June, 2012 to the defendants stating that the plaintiffs are in the need of the suit property and the defendant bank should vacate the suit property on the expiry of the lease. However, no reply was received by the plaintiffs to the said notice. Another letter dated 07th January, 2013 to the same effect was issued to the defendants.

iv) Reply dated 18th February, 2013 was received from the defendants stating that the bank intended to continue the lease after expiry of the said lease with the consent of the plaintiffs. In the said reply, the bank also requested the plaintiffs to submit their offer in this regard and after the receipt of the offer, a meeting would be arranged with the controller of the defendant bank for getting the plaintiff's concurrence. On 11th April, 2013, an offer for extending the lease for a further period 5 years was given by the plaintiffs to the defendant no.2 and the same was handed over to Mr. Digvijay Rawat, Regional Manager and Mr. Sriram Singh, Chief Manager at LHO.

v) The defendant bank published an advertisement dated 18th September, 2013 inviting bids for taking a premises on lease in South Extension for shifting of their Branch/office from the suit property. By way of response to the said advertisement and bank's letter dated 20th September, 2013, the plaintiffs sent their bid dated. 23rd September, 2013, offering the suit property for fresh lease at a monthly rent of Rs. 22,00,000/-.

vi) During the subsistence of the lease or after its expiry, no mutual agreement was ever reached between the parties for renewal of the Lease Deed. The term of the Lease Deed expired on 12th November, 2013 and thereupon, the defendant bank was obliged to deliver up the possession of the suit property.

vii) The defendant bank issued a letter dated 12th November, 2013 stating that the bank was already looking for a suitable space for shifting their branch/office and till then the bank would run their branch/office from the suit property and the terms would remain unchanged till then.

viii) The defendant bank deposited a total sum of Rs. 34,50,750/- from 13th November, 2013 to 31st July, 2014 @ Rs. 4,01,250/- per month, in the bank account of the plaintiffs.

3. Accordingly, the present suit was filed by the plaintiffs seeking the following reliefs:

'(a) Eviction of the defendants from the suit property, i.e. plaintiffs' premises known as A-5 bearing Municipal No. A-5, comprising of the Basement Floor, Ground Floor and first floor (excluding garage and two rooms on the top of the garage of which the possession was kept with the plaintiffs) containing a total area of 5567.4 square feet, bounded on east by plot No. 4, on west by plot No. 6, on north by service lane and on south by Ring Road, situated at R