9911796707
TMI Blog2003 (8) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... 1-7-1976. The monthly rent fixed was Rs. 300 and the period was 20 years. As per the terms of the lease, the parties are not entitled to terminate the tenancy. It was also agreed to pay interest at the rate of 12% per annum for the defaulted payment. Later the Bank of Cochin Ltd. was amalgamated with the State Bank of India as per section 45(4) of the Banking Regulation Act, 1949. Accordingly the rights and liabilities of the Bank of Cochin Ltd. were taken over the defendant Bank. The defendant Bank kept the rent in arrears from the month of April 1986. The branch manager sent a notice to the plaintiff on 31-10-1985 terminating the tenancy as on 31-12-1985. The plaintiff sent a reply stating that the defendant had no right to terminate the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The defendant has produced the key of the building along with the written statement. Therefore, the suit is liable to be dismissed. 3. The trial Court raised three issues. The evidence in this case consists of the oral testimony of PW1 and DW1 and Exts. A1 to A20 and Ext. B1. The trial court after appreciation of the evidence decreed the suit. Against the said judgment and decree, the defendant filed A.S. No. 21 of 1989 before the Sub Court, Irinjalakuda. The first appellate court dismissed the appeal confirming the decree and judgment of the trial court, against which this Second Appeal is preferred by the defendant. Substantial questions of law involved in this appeal are : (i)Whether on the facts and circumstances of the case the court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice to the plaintiff terminating the tenancy with effect from 31-12-1985. Thereafter the defendant again sent Ext. A12 notice informing that the building will be vacated on 31-3-1986. As per the agreement, the plaintiff is not liable to take possession of the building before the expiry of the lease period. There is no dispute with regard to the fact that the building was taken on rent by the Bank of Cochin Ltd. for a period of 20 years. Only after the expiry of the agreed period, the lessor shall be entitled to have the premises vacated after issuing three months notice. According to the plaintiff, the parties are bound by the agreement and as per the terms, the plaintiff need to take vacant possession of the building only after the expir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A6 is the copy of the Gazette notification dated 23-8-1985 notifying the amalgamation scheme. As per the amalgamation, all rights, powers, claims, demands, interests, authorities, benefits, assets and properties of the transferred Bank movable and immovable including premises subject to all incidents of tenure and to the rents and other sums of money and covenants reserved by or constrained in the lease or agreements under which they are held shall stand transferred to and become the properties and assets of the transferee. In the light of Ext. A6, the defendant cannot contend that the agreement between the plaintiff and the erstwhile Cochin Bank Ltd. will not bind the defendant. But in the instant case, the contract has become incapable of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
