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2016 Supreme(Ker) 628

V.CHITAMBARESH, K.RAMAKRISHNAN
SETHULAKSHMI BASHI, W/O. DR. V. V. BASHI – Appellant
Versus
PUNJAB NATIONAL BANK – Respondent


Advocates Appeared:
For the Appellants : SRI. M. NARENDRA KUMAR, SRI. D.G. VIPIN, SRI. KAROL MATHEWS SEBASTIAN ALENCHERRY.
For the Respondent: SRI. P. RADHAKRISHNAN (1), SRI. MADHU RADHAKRISHNAN, SRI. NELSON JOSEPH, SRI. M.D. JOSEPH.

JUDGMENT :

Chitambaresh, J.

The tenant of a non residential premises seeks renewal of lease by specific performance notwithstanding that the covenant as regards the renewal of lease is uncertain and ambiguous.

2. The tenanted premises is the ground floor of a two storied building having plinth area of 5000 sq. ft. on the Mahatma Gandhi Road, Ernakulam belonging to the appellants and occupied by the respondent bank. The premises was first demised to the respondent by Ext.B1 lease deed (Document No.5029/1981) and the lease was being renewed from time to time and Ext.A1 lease deed (Document No.1097/2003) was the last one executed. Ext.A1 lease deed executed on 5.3.2003 was given retrospective operation with effect from 1.4.2002 as per the terms thereof and the period of the lease expired 10 years after on 31.03.2012. The rent payable was Rs. 51,000/- per month and the relevant clause in Ext.A1 lease deed relied on in support of the plea for renewal of lease is extracted below:

"1. The period fixed for the lease is 10 (Ten) years commencing from 01.04.2002.

2. The option for continuing the lease must be exercised by the lessee within one month before the expiry of the original term of 10 (T






































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