The central legal point established in the judgment is that the renewal of a lease deed depends on the mutual agreement of the lessor and lessee, and the court cannot compel negotiation for a new lease when the lessor is unwilling to extend the lease.

Vinod Kumar Misra, J. -- This second appeal has been filed by the appellants, Hamid Ali Khan and Jahid Ali Khan against Kumar Maheswari, respondent assailing the judgment and decree dated 30.8.2014 passed by Additional District Judge, Court No. 5, Bulandshahar in Civil Appeal No. 117 of 2013 arising out of judgment and decree dated 26.7.2013 passed by Additional Civil Judge (Senior Division), Court No. 1, Bulandshahar in Original Suit No. 230 of 2008.

2. On 15.3.2016 this appeal had been admitted by this Court on following substantial question of law:

(1) Whether the learned appellate court had committed error in giving direction to parties to negotiate the terms of another lease deed when there has been specific finding that lessor was not willing to extend the lease. If so, its effect?

(2) Whether the respondent/defendant was liable to be evicted from disputed property after expiry of terms of lease deed in question on the basis of which he was continuing in possession? If so, its effect?

3. I have heard learned counsel for the appellant and respondent. I have also perused the impugned judgment of the learned first appellate court as well as of the learned trial court and also perused the original record of this case.

4. Substantial question of law No. 1 is : Whether the learned appellate court had committed error in giving direction to parties to negotiate the terms of another lease deed when there has been specific finding that lessor was not willing to extend the lease. If so, its effect? With regard to this question from the perusal of the record it is crystal clear that it is an admitted position that respondents were given the disputed property by the appellant's predecessor on 15.1.1966 for a period of 15 years and registered lease deed was executed on 15.1.1966 between both the parties. There was extension clause in the lease dated 15.1.1966, which is hereunder:

"Mazkura vala rakva kirayedar ko 15 saal ke liye lease par diya ja raha hai. 15 saal ke baad yadi kirayadar agar aagay ke liyai bhi lease ki muddat ko badana chahay to agay kai liyai bhi badhaee ja sakti hai bashartai ki hamay kiraydar sai koi shikayat na ho. Badvatay wakt kiraydar sai nai siray se muhayada hoga"

5. The period of lease deed was expired on 14.1.1981 even after respondent remained in possession of disputed property. In the meantime original lessor died and his two sons, Hamid Ali Khan and Jahid Ali Khan executed a lease deed in favour of Krishna Kumar Maheswari on 24.1.1983 whereby the lease of the earlier leased property was extended for a further period of 12 years with effect from January, 1981. In the second lease deed there was also a renewal clause in the following term:

"Yeh ki baat khatm honay muddat kiraydari kai agar fareek abbal rajamand hongay to naee kiraydari phir sai shuroo ki ja sakti hai magar wah kiraydari kisee tehreeri dastavaj ki binah par hogi jubani hargij bhi nai hogee"

6. The period of second lease also expired on 31.12.1993. The lessors of the second lease deed further leased out the disputed property to the lessee by third lease deed dated 16.8.1993 and extended lease from January, 1993 to 31.12.2007. In the third lease deed there was also a clause for renewal of lease deed in the following term:

"Yeh ki baat khatm honay muddat kiraydari kai agar fareek doyam rajamand hongai to nai kiraydari phir sai shuroo ke ja sakti hai magar wah kiraydari kisee tehreeri dastavej kee vinah par hogee jubani hargij bhi nai hogi"

7. The period of third lease deed expired on 31.12.2007. Further lease deed was not extended and lessor filed Original Suit No.230 of 2008 in the court of Additional Civil Judge (Senior Division), Court No. 1, Bulandshahar against the lessee with the averments that the lessee had not paid rent since 1.5.2005 and had not vacated the disputed property while the lease deed expired on 31.12.2007 and notice had already been served on 12.12.2007. Defendant contested the suit and filed written statement and