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1998 Supreme(Ker) 650

P.K.IYER BALASUBRAMANYAN
Syndicate Bank – Appellant
Versus
Soji Chacko – Respondent


JUDGMENT

P.K. Balasubramanyan, J.

1. The appellant before me is the first defendant in a suit for recovery of possession of a building. The building belonged to one Chacko. Chacko let out the building to the first defendant under Ext. A1 dated 18.11.1988. The tenancy commenced from 1.11.1987. It was for a term of 5 years. The rent payable by the tenant was Rs. 750/ - per month. The lessee had the option to determine the lease before the expiry of the term. There was no option to renew in the lessor or in the lessee. The building is situated in an area to which the Kerala Buildings (Lease & Rent Control) Act has not been extended.

2. Chacko, the landlord died in June, 1990. The term of the lease expired on 31.10.1992. The plaintiff, one of the children of Chacko, being his daughter, issued a notice Ext. B2 to the tenant offering to renew the lease for a period of five years in case the tenant was willing to offer the enhanced rent claimed by her. The tenant a Nationalised Bank is seen to have adopted a policy of being penny wise and pound foolish. It offered a meagre enhancement of rent, I must say, without reference to the realities of the situation. The plaintiff naturally did not a
















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