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WEST BENGAL STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, CALCUTTA
Honble Mr. Justice A.K. Bhattacharjee, President;
Mr. Monoranjan Ghosh & Mrs. S. Dutta, Members
SHAH FOUNDATION—Appellant
versus
STATE BANK OF HYDERABAD—Respondent
S.C. Case No. 489/O of 1997—Decided on 24.9.1997
Enforcement of written deed of lease in determining the payment of rent for the leased area.
Headnote:
Lease Agreement - Dispute over Super-Built Area - The court found that the parties had agreed to lease a total area of 5,984 sq. ft. based on a written deed of lease, and the opposite party was bound to pay rent for the entire area at the agreed rate. The petitioner was entitled to realize rent for the additional area and interest at 18% p.a. till payment.
Fact of the Case:
The petitioner offered a super-built area of 8,400 sq. ft. for lease to the State Bank of Hyderabad. The Bank initially expressed a requirement of 5,900 sq. ft. and finally agreed to lease 5,782 sq. ft. subject to final ascertainment of the area. A written agreement was prepared for a lease of 5,984 sq. ft. super-built area, but the Bank paid rent for only 5,297 sq. ft.
Finding of the Court:
The court found that the parties had agreed to lease a total area of 5,984 sq. ft. based on a written deed of lease, and the opposite party was bound to pay rent for the entire area at the agreed rate. The petitioner was entitled to realize rent for the additional area and interest at 18% p.a. till payment.
Issues: Dispute over the payment of rent for the leased super-built area.
Ratio Decidendi: The court relied on the written deed of lease signed by both parties and found no reason to disbelieve the document, holding the opposite party bound to pay rent for the entire leased area at the agreed rate.
Final Decision: The opposite party was directed to make the payment for the additional area and interest to the petitioner within a month from the date of the court's order.
Mr. Justice A.K. Bhattacharjee, President— This is a petition of complaint filed by Trust Body named M/s. Shah Foundation against the State Bank of Hyderabad. The case of petitioner is that they had offered a super-built area of 8,400 sq. ft. for lease to the opposite party-Bank viz. State Bank of Hyderabad. The Bank by their letter dated 24.5.1993 informed that they were in requirement of 5,900 sq. ft. By another letter dated 31.5.1993 they had finally agreed to have a lease of 5,782 sq. ft. approximately subject-to the final ascertainment of the area by the Bank's Engineer at the time of taking possession. Ultimately, a written agreement was prepared within the parties for which they agreed to take lease of 5,984 sq. ft. super-built area lying on the ground and 1st floor of Amar Kunj at Premises No. 53, Sarat Bose Road, Calcutta 25. The petitioner's allegation is that although the Bank is possessing the aforesaid super-built area for their Bank, they are actually paid rent for an area of 5,297 sq. ft.
2. Notice was duly served on the opposite party Bank viz. State Bank of Hyderabad, Landsdowne Branch, but they failed to appear inspite of the receipt of the notice. The case is, accordingly, heard ex-parte.
3. The learned Advocate for the petitioner has produced the relevant papers in support of their case. It is found that although the superbuilt area offered by the parties was different, they had finally agreed on the basis of a written deed of lease to lease out a total area of 5,984 sq. ft. This document is signed by both the parties in presence of five witnesses and we do not find any reason to dis-believe the document. That being so, the opposite party is bound to pay rent for a super-built area of 5,984 sq. ft. at the agreed rate of Rs. 27/per sq. ft. to the petitioner. Thus, on a calculation it appears that the petitioner is entitled to realise rent @ Rs. 27/- per sq. ft. for 687 sq. ft. (5,984—5,297) per month in addition to the rent already paid from the date of taking possession of the premises i.e. the 14th June, 1993. The amount shall carry an interest @ 18% p.a. till payment. The opposite party is directed to make the above payment to the petitioner M/s. Shah Foundation within a period of one month from the date of communication of this order. There will be no separate order for cost. The case is, thus, disposed of.
Appeal disposed of.
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