Sanjay Misra, J. - (1.) Heard Sri Tarun Verma learned counsel for the defendant revisionist which is the Oriental Bank of Commerce and Sri S.K. Tyagi appearing on behalf of the plaintiff respondents.
(2.) This revision under Section 25 of the Provincial Small Causes Act has been filed against the judgment and decree dated 11.07.2013 passed by the Judge Small Causes Court/Additional District Judge, Court no. 12, Ghaziabad in SCC Suit No. 15 of 2010 (M/s. Mittal Complex, Urmila Chitralok Building and others v. Oriental Bank of Commerce) whereby the Trial Court has decreed the suit of the plaintiff and directed the Bank to vacate the premises in question within two months.
(3.) Learned counsel for the revisionist has submitted that the respondent landlords after expiry of the last lease had come to the Bank filled up the form and made application for extension of the lease on enhancement of rent. Such application of the respondent landlord was not accepted by the Bank however it was a clear indication that they had waived notice to quit given by them. According to Sri Tarun Verma learned counsel for the applicant under such circumstances the court below could not pass an order of eviction against the Bank.;