- (1.) THIS revision has been preferred against the judgment and order dated 30.10.2006 passed by the Additional District Judge, Court No. 1, Varanasi in S.C.C. Suit No. 4 of 1997 whereby the S.C.C. Suit No. 4 of 1997 filed by the revisionists/plaintiffs for arrears of rent and ejectment has been dismissed. Brief facts of the case are as follows:
(2.) THE plaintiff no. 1 is a Cooperative Society under U.P. Cooperative Societies Act, 1965 having its registered office at Premises No. D -13/27 Bans Phatak, Varanasi. The State Bank of India for its Branch Office occupied an accommodation forming part of premises No. D -13/27 -25, Bans Phatak, Varanasi. The Suit No. 11 of 1984 was filed by the plaintiff no. 1 against the defendants/respondents for ejectment and recovery of arrears of rent, mense profit etc, in the Court of District Judge, Varanasi, which suit was transferred to the Court of Xth Additional District Judge, Varanasi. The parties, in that suit no. 11 of 1984 entered into a settlement and compromise and accordingly a compromise petition dated 07.09.1990 was filed and the suit was decided in terms of that compromise on 26.11.1990. For ready reference, Clause (a) of the said compromise dated 07.09.1990 is quoted herein below: "That the defendant Bank has agreed to pay the rent for the accommodation in this Suit Rs.10,000/ - (Ten Thousand only) per month inclusive of all taxes with effect from 01.01.1989 That the plaintiff -landlord shall execute registered deed of lease for a period of 5 years with effect from 01.01.1989 with further option in favour of the Bank for another term of five years with 20% increase in rent i.e. payable Rs.12,000/ - (Rupees Twelve Thousand only) from 01.01.1994. The cost for execution of lease deed will be borne by the Bank."
(3.) IN terms of that compromise decree, the plaintiff did not press for ejectment and in lieu thereof the defendants were allowed to remain in possession of the accommodation for a period of five year w.e.f. 01.01.1989 on payment of Rs.10,000/ - per month as rent. The respondents/bank did not vacate the accommodation after 31.12.1993, after the expiry of 5 years and retained the possession and occupation over the disputed accommodation even after 31.12.1993 despite no written option was exercised by the respondents/bank for another term of five years with 20% increase rent i.e. 12,000/ - per month from 01.01.1994. The respondents/bank despite having retained possession and occupation even after 31.12.1993 did not pay rent with 20% increase rent i.e. at the rate of Rs.12,000/ - per month, therefore, plaintiff/revisionist wrote to the respondents/bank that whatever payments being made would be accepted only under protest and without prejudice as part payments towards rent. The respondents/bank paid and cleared the entire rent which fell due upto 31.12.1993 at the rate of Rs.10,000/ - per month. Thereafter, a notice dated 09.01.1997 was sent by the plaintiff to the respondents/bank calling upon the respondents/bank to pay him entire arrears of rent and by that notice tenancy of the respondent -bank was also terminated and the respondents/bank were called upon to vacate the accommodation and hand over the possession to the plaintiff. Despite expiry of notice period, the respondents/bank neither vacated the accommodation nor paid the alleged rent, hence the suit for arrears of rent and ejectment was filed by the plaintiff no. 1. Besides the decree of ejectment, the plaintiff no. 1 further prayed for decree for recovery of Rs.70,000/ - being rent of Rs. 4000/ - of August, 1996 and Rs.66,000/ - as rent from September, 1996 till 15.02.1997 and Rs.26,000/ - as mesne profit from 16.02.1997 till filing of this suit and further prayed for decree for recovery of pendentelite and future mesne profit at the rate of Rs.50,000/ - per month from the date of institution of this suit till the eviction of the respondents/bank and also prayed for decree for pendentelite and future interest at the rate of Rs.15% per annum on the above sum of Rs.96,000/ -.;