IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12985 of 2023 ======================================================

Shobha Prasad W/o Justice (Retd.) Radha Mohan Prasad, R/o Mathura Prasad Sinha Road, P.S. Kadamkuan, District-Patna.

... ... Petitioner/s Versus

1. The Bank of India through its Managing Director and CEO having its Head Office, at Star House, C-5, G Block, Bandra-Kurla Complex, Bandra (East), Mumbai-400051.

2. The Managing Director and CEO, Bank of India, Star House, C-5, G Block, Bandra-Kurla Complex, Bandra (East), Mumbai-400051.

3. The Zonal Manager, Bank of India, Zonal Office, R. Block, Patna-800001.

4. The Branch Manager, Bank of India, Rajiv Nagar Branch, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Chitranjan, Sinha, Sr. Adv.

: Mr. Om Prakash Kumar, Adv.

: Mr. Sunit Kumar, Adv.

: Mr. Shashank Shekhar, Adv.

For Respondent : Mr. Anjani Kumar Mishra, Adv.

: Mr. Ambarish Bhardwaj, Adv.

For the Respondent/s : Mr. Ajit Kumar Sinha, Adv.

======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL JUDGMENT

Date : 08-01-2025 Heard the learned counsel for the parties.

The present writ petition has been filed for the following reliefs:-

“(a) For issuance of appropriate writ(s), order(s), direction(s) commanding the respondent bank to pay enhanced rent to the petitioner with immediate effect including arrears w.e.f. 1.12.2021.

(b) For issuance of appropriate writ(s), order(s), direction(s) commanding the respondent bank to pay interest on the arrears @ 18% per annum.

(b) For any other relief(s) that the petitioner is entitled to in the facts and circumstances of the case.

For issuance of appropriate writ, order(s), direction(s) commanding the respondents Bank to vacate the ground floor of premises of the petitioner bearing Khesra No. 3575, khata No. 771, Tauzi no. 5131, situated in Mauza-Digha Khurd, Pargana Phulwari, Thana Sadar Digha located in Main Road, Rajiv Nagar, Patna, in view of the fact that even after expiry of lease period, the respondent Bank is illegally occupying the premises and paying rent at the old rate without any jurisdiction.”

3. It is the case of the petitioner that the respondent-

Bank has taken the building belonging to the petitioner on rent way back in the year 2006 i.e., commencing from 01.12.2006 and to that effect an agreement of lease was entered between the parties initially for a period of 15 years. As per the terms of the said lease agreement, the period of lease expired on 30.11.2021. Though the lease deed was supposed to be registered, the same could not be registered and only on the basis of unregistered agreement of lease deed, the respondent-Bank has been in occupation of the subject premises by paying the rent fixed as per the terms and conditions of the above lease deed. That after the expiry of terms of the lease period as per the lease deed dated 01.12.2006, the petitioner and the respondent-Bank have mutually agreed for extension of lease period with enhanced rent and the same was reduced into writing. As per the draft lease agreement, the period of lease is extended by 15 years and the new rent is as follows;

“That before the expiry of the term of lease the respondent-bank showed its interest to continue with the tenancy for which the respondent bank agreed to enhance the rent for next 15 years which is as follows.

(a) Rent @ Rs. 41,000/- per month for the period

01.12.2021 to 30.11.2026 (Total Rs. 41,000 X 60 Months Rs.

24,60,000/-)

b) Rent @ Rs. 47,150/- per month for the period

01.12.2026 to 30.11.2031 (Total Rs. 47,150 X 60 Months Rs.

28,29,000/-)

(c) Rent @ Rs. 54,222.50/- per month for the period

01.12.2031 to 30.11.2036 (Total Rs. 54,222.50 X 60 Months Rs.

32,53,350/-)

Total Rent in 15 years Rs. 85,42,350/-

4. That though the respondent-Bank had drafted the agreement starting from 01.12.2021 till 30.11.2036, the same could not be registered due to the