CONCRETE DEVELOPERS Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the rival parties.

(2.) The petitioner i.e. original plaintiff is aggrieved by order dtd. 6/8/2021 passed by the Court of Additional Judge, Small Causes Court, Nagpur, whereby application at Exhibit 93, moved by the petitioner under Order 12 Rule 6 of the Code of Civil Procedure (CPC) for passing decree on admission, has been rejected.

(3.) The petitioner filed suit for ejectment, possession, damages and mesne profits against the respondents claiming that it is entitled for a decree and that the respondents ought to deliver possession of the suit property to the petitioner. The suit is based on a registered indenture of lease dtd. 22/7/2005. The same was executed for the period of five years from 1/8/2005 to 31/7/2010. It is the case of the petitioner that the said indenture of lease clearly stated that while it was executed for the period of five years, it could be renewed for further two periods of five years each. It was submitted that when the period of first five years under the said document was to expire, the respondents had proposed a fresh lease but, the same did not fructify into a fresh lease for the reason that the respondents did not agree for 20% increase in the rent.