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2018 Supreme(Gau) 125
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KALYAN RAI SURANA, J.
DR. RAJKUMAR AGARWALLA S/O LATE DURGA DUTTA AGARWALLA - PETITIONER
VERSUS
THE STATE BANK OF INDIA AND ANR – RESPONDENTS
RFA 2 of 2010
Decided On : 10-04-2018
For the Petitioner: Mr. A.C. Sarma, Mr. A. Sarma, Mr. P. Pator, Mr. M.P. Goswami
For the Respondent: Mr. K.K. Dey
The main legal point established is that the rights and obligations under the lease agreement, including termination and compensation, must be substantiated with proper evidence and adherence to legal procedures.
Headnote:
CPC - Civil Procedure Code - Section 96 - The court discussed the issues related to the shifting of a bank branch from a leased premises, damages caused, and entitlement to rent and compensation under the lease agreement. The court referred to lease agreement clauses, notices served, and evidence presented to decide against the appellant on all issues.
Fact of the Case:
The appellant filed a suit for declaration, realization of money, compensation, and damages against the respondents for shifting their bank branch from the leased premises without notice. The suit was dismissed, and the appellant appealed.
Finding of the Court:
The court analyzed the evidence and found that the appellant's claims were not substantiated. The court held that the respondents had the right to terminate the lease with proper notice, and the appellant failed to prove damages or entitlement to rent and compensation.
Issues: The issues included the shifting of the bank branch without notice, damages to the premises, retention of keys, entitlement to future rent, electricity charges, and damages claimed by the appellant.
Ratio Decidendi: The court relied on the lease agreement clauses, notices served, and lack of evidence to support the appellant's claims. The court also considered the non-joinder of necessary parties as a ground for dismissal.
Final Decision: The court affirmed the judgment and decree of dismissal of the suit, holding it to be sustainable on facts and in law. The appeal was dismissed, and a decree was drawn up accordingly.
Heard Mr. A.C. Sarma, the learned Senior counsel, assisted by Mr. G. Bhardwaj, the learned counsel for the appellant as well as Mr. K.K. Dey, the learned counsel appearing for the respondents.
2. This appeal under section 96 of Civil Procedure Code (CPC for short) is directed against the judgment and decree dated 06.01.2009 passed by the learned Civil Judge No. 3, Kamrup (M), Guwahati in T.S. No. 235/2003, by which the suit of the appellant was dismissed.
3. The said suit was instituted by the appellant for declaration, realization of money, compensation and damages. As per the plaint, the case in brief is that the appellant is the owner of two storied RCC building situated at Rangia Town, which originally belonged to his father. In the year 1968, his father had let out the ground floor of the building to the respondents for Rangia Branch of the State Bank of India. In course of time, his father had constructed the first floor as per requirement of the bank and the premises was lease out by an Agreement dated 13.03.1995. The said lease was renewed from time to time and the agreement was to expire on 31.12.2003. From the Assam Tribune dated 30.09.2002, the appellant came to know that the respondents were going to shift their branch to another premise at MG Road, Rangia, w.e.f. 01.10.2002. It was stated that no notice of shifting was served on them. Seeking several relief’s including the prayer that the respondent had no right to vacate the suit premises, the appellant had filed T.S. No. 250/2002. A separate application for ad-interim injunction was filed, which was registered as Misc.(J) Case No.98/2002. It was projected that on 26.11.2002, when the appellant had visited the suit premises including the residential premises let out by his mother for the residence of respondent No.3, he was surprised to see that the respondents had shifted to another premises without any information and without delivering the keys. Hence, the appellant withdraw the said suit with liberty to file afresh. By the present suit, the appellant had prayed for declaration that he was entitled to realize monthly rent amounting to Rs.2,76,430/- in respect of the suit premises described in schedule of the plaint for the period from November, 2002 till expiry of the lease/tenancy agreement dated 04.05.2001, for realization of damages and compensation of Rs.6,69,053/-, being the value of the damages caused to the suit premises, for realization of electricity charges for February, 2003 of Rs.21,522.25 with further bill amount till expiry of the lease agreement dated 04.05.2001 with surcharge of Rs.2% per meter and for realization of interest at the rate of 10% P.A. with quarterly rests.
4. The respondent had contested the suit by filing their written statement. It was stated that there were several incidents of theft as well as snatching of money of bank’s customers and that the town had shifted towards the eastern side of the building after the railway track and therefore, the earlier premises had lost is importance. It was stated that the father of the appellant was aware of the process initiated for shifting of the branch, as such, by his letter dated 06.08.1986 and 30.11.1988, offered to construct building on his other plot of land and he had requested the respondents to give his first preference and he had also asked for tender on 09.09.1996. It was stated that as per lease agreement dated 04.05.2001, it was stipulated that the lessee was entitled to terminate the lease at any time on giving one calendar month’s prior notice and on expiry of the period of notice, the lease would cease to operate and that two notices dated 27.09.2002 were sent to the appellant and to his mother through messenger, the notices were refused and thereafter, the notices were issued by registered post and courier service. The registered notice to the mother of the appellant was received by one of her family member and the notice sent to the appellant was returned undelive
