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2011 DIGILAW 2760 (ALL)

State Bank of Patiala and another v. Servant of Children Society

2011-12-05

PRAKASH KRISHNA

body2011
Hon'ble Prakash Krishna,J.:- This is a revision under section 25 of Provincial Small Causes Court Act against the judgment dated 3rd of September, 2011 passed in SCC Suit No.49 of 2009 whereby the Court below has decreed the suit for ejectment of the applicant from the premises in question and also for recovery of arrears of rent and damages etc. Heard the learned counsel for the applicants. Admittedly, the provisions of U.P. Act No.13 of 1972 are not applicable and as such the rights of the parties are governed by the provisions as contained in the Transfer of Property Act. The tenancy agreement of the applicants has been validly terminated. The learned counsel for the defendant bank could not point out any illegality in the notice determining the tenancy. At the end, the learned counsel for the applicant bank submits that at least one year time may be granted to vacate the disputed premises. He further assured the Court that the applicant bank is searching an alternative accommodation and it will take sometime. I have given careful consideration to the aforesaid submission of the learned counsel for the applicant bank with regard to the grant of time to vacate the disputed accommodation. Taking into consideration that the defendant tenant is a bank, it is appropriate that six months further time may be granted to the applicant bank in addition to the time already granted by the trial Court subject to fulfillment of the following conditions cumulatively:- The applicant bank shall deposit the entire arrears of rent and the damages for the period up to 31st of December, 2011 after adjusting the amount, if any, already deposited within a period of one month before the trial Court. The applicant bank shall pay the damages for six months i.e. from January, 2012 to to June, 2012 at the rate of Rs.60,000/- (Rupees Sixty Thousand only) per month and shall deposit the damages for the entire period of six months within a period of one month before the trial Court from today. A responsible Officer of the applicant Bank shall file an undertaking on affidavit within one month before the trial Court stating clearly that the bank will hand over peaceful vacant possession to the plaintiff society without creating any third party interest on or before 30th of June, 2012. A responsible Officer of the applicant Bank shall file an undertaking on affidavit within one month before the trial Court stating clearly that the bank will hand over peaceful vacant possession to the plaintiff society without creating any third party interest on or before 30th of June, 2012. It is provided that if the bank vacates the premises before 30th of June, 2012, the bank shall be entitled for refund of the damages for the remaining period and the trial Court shall pass an appropriate order in this regard. In case of default in compliance of any of the conditions stipulated above within the stipulated time, the time granted by this Court shall stand vacated. The revision is dismissed.