1 27 cra.927.10 anr ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 927 OF 2010 IN SMALL CAUSES COURT APPEAL NO. 7 OF 2009 Canara Bank. ... Applicant Vs. Makhanlal Jodharam Obhan. ... Respondent WITH CIVIL REVISION APPLICATION NO. 928 OF 2010 IN SMALL CAUSES COURT APPEAL NO. 238 OF 2010 Canara Bank. ... Applicant Vs. Dharmpal Chamanlal Obhan and anr. ... Respondents -------- Mrs. Kavita Anchan i/b M.V.Kini and Company for the Applicant. Mr. Dilip Shukla and L. Crasto i/b M/s. K. Akshar and Company for the Respondents. -------- CORAM : A.S.OKA, J. DATE : 23 rd November, 2010. P.C. 1 Heard the learned counsel appearing for the Applicant. The revision Applicant in these two revision applications is the defendant in the suits for eviction filed by the Respondents. Admittedly, in view of 2 27 cra.927.10 anr Section 3(1)(b) of Maharashtra Rent Control Act, 1999, the Applicant – Bank has no protection. The Respondents issued a notice of termination in accordance with Section 106 of the Transfer of Property Act, 1882. As the Applicant did not vacate the suit premises, suits for possession were filed in the Court of Small Causes. The suits were decreed. Appeals preferred by the revision Applicant have been dismissed by the Appeal Bench of the Court of Small Causes. Hence, these revision applications. 2 The learned counsel appearing for the Applicant invited the attention to relevant clauses in the lease-deeds. The learned counsel submitted that after expiry of period of lease, the Respondents - landlords were under obligation under sub-clause (c) of clause (III) of the lease- deeds to renew the lease. The learned counsel submits that the Applicant had expressed desire to renew the lease, but the same had not been renewed by the Respondents. The learned counsel therefore, submitted that as the Applicant was entitled to renewal of the lease, the decree for possession could not have been passed. 3 I have given careful consideration to the submissions. Sub- clause (c) of clause (III) of the lease-deed provides for further renewal of the lease on mutually agreed terms. The finding of fact recorded by the Courts below and in particular, by the Appellate Court is that to the letter seeking a renewal, the Respondents replied by letter dated 9 th July, 2008 3 27 cra.927.10 anr by which the Respondents offered to renew the lease on certain terms and conditions. It is found by the Courts below and in particular, by the Appellate Court that the said terms and conditions were not accepted by the Applicant. Only thereafter, a notice of termination of lease was issued. There is no dispute regarding service of notice of the termination of the tenancy. As stated earlier, the Applicant has admittedly no protection under the Maharashtra Rent Control Act, 1999. Hence there is no error in concurrent decrees of eviction passed by the Courts below. 4 Hence, revision applications are rejected. However, it directed that the decree for possession shall not be executed for a period of three months from today. 5 In the morning session, revision applications were dismissed and it was directed that the decree for possession shall not be executed for a period of three months. The learned counsel appearing for the revision Applicant mentioned the matter in the afternoon. She states that Applicant is a nationalized bank and therefore, instead of granting time of three months, time of six months to vacate be granted. The said request is opposed by the learned counsel appearing for the Respondents by contending that rent and other dues are not paid by the Applicant. 6 The request made deserves to be granted as the Applicant is a nationalized bank and will require a reasonable time to make 4 27 cra.927.10 anr arrangements. What is stayed by this Court is only the decree for possession and therefore, rest of the decree can be executed by the Respondents. Hence the order passed in the morning session is modified and it is directed that the decree for possession shall not be executed for a period of six months from today. [ A.S.OKA, J ]