- (1.) Shri Vikas Budhwar, learned counsel for the appellants, Shri M. D. Singh Sekhar, learned Senior Advocate assisted by Shri Khitij Shailendra, learned counsel for respondent and perused the record.
(2.) Factual controversy involved in the present case is that in the city of Moradabad, there is a land situated at Rampur Road near Miglani Cinema, Moradabad measuring 45.72 x 23.78 m (BCMH) (hereinafter referred to land in dispute) which belongs to plaintiff/respondent, let out by way of lease deed to Hindustan Petroleum Corporation Limited in order to set up a retail outlet. The last lease deed was executed on 2.12.1999 w.e.f. 1.11.1997 for a period of 10 years on the lease rent of Rs.5500/- per month and Clause 3 (g), the deed provides as under :- "That the lessor shall on the written request of the lessee made before the expiry of the term hereby created grant to it a lease of the demised premises for a further term of ten years from the expiration of the said term i.e. from 1.11.2007 to 31.10.2017 at Rs.6050/- per month and containing the like covenants and provisions as are herein contained so as to give the lessee in its possession and aggregate of one renewal of ten years. Upon such exercise of the right of renewal a fresh lease deed may or may not be executed and registered by both the parties to these presents. In the event no such lease deed is executed or registered the lessor shall not be entitled to seek eviction of the lessee and the lessee shall have sole discretion to extend or renew the term of the lease by simple paying the enhanced rental of Rs.6050/- per month. Further in the event no such enhanced rental is paid the lessee reserves its right to pay the arrears and claim renewal or extension of the lease period for the extended time as stated above."
(3.) As per case of the plaintiff/respondent, after expiry of period of lease deed, the appellants/defendants have not exercised their option for renewal of the lease deed as per Clause 3(g). So by notice dated 17.11.2007 under Section 106 of the Transfer of Property Act, the same has been terminated, thereafter, filed a suit for eviction from the land in question and recovery of the rent to the tune of Rs.48,125/- along with the cost of the suit being Rs.2500/- be paid to the plaintiff/respondent registered as Original Suit No.5 of 2008 in the Court of Civil Judge, Senior Division, Moradabad.;