VINEET KOTHARI,J. - (1.) The tenants Bharat Petroleum Corporation Ltd. and its dealer M/s Roopchand Chhaganlal have filed the present two second appeals aggrieved by the concurrent decree of eviction dated 25/8/1999 of the learned trial court in Suit No. 57/78 Gandhi Vidhya Mandir, Sardarshahar v. BPCL and Anr. and dated 13/12/2003 and of the learned first appellate court in Appeal No. 11/2000 BPCL and Anr. v. Gandhi Vidhya Mandir , in respect of the suit plot of land measuring 120 x 100 sq. ft. in favour of respondent-plaintiff-landlord, Gandhi Vidhya Mandir, Sardar Shahar, Churu, a deemed University under the provisions of UGC Act, 1956, who was given the lease of 3200 bighas of land and for the present plot of land on which the appellant BPCL and its agent dealer being the petroleum products outlet, the lease to the present lessee was executed by plaintiff-respondent - Gandhi Vidhya Mandir way back on 1.4.1959 by a registered lease deed dated 12/8/1959 at the monthly lease rent of Rs.40/- per month. The lease was renewable after 15 years by a mandatory three months notice prior to expiry of 15 years on the part of lessee. After 31/3/1974, when the initial period of 15 years expired, the lessee BPCL or its dealer has not paid any rent to the respondent Gandhi Vidhya Mandir.
(2.) The lease in question was terminated by the lessor by serving a notice under Section 106 of Transfer of Property Act (Ex.5 dated 10.11.1975) and the present suit for eviction was filed by the plaintiff on 30/9/1978.
(3.) Both the courts below decreed the suit concurrently in favour of the respondent plaintiff with the following findings and observations in favour of the plaintiff Gandhi Vidhya Mandir.;