[Resolved]  Allahabad Bank, Rohtak — lease expired but bank not interested in vacation of my land

Address:

Rohtak, Haryana

ADARSH JAIN
Advocate
PHONE :[protected]
Mobile 0-[protected]
0-[protected]

e-mail : [protected]@gmail.com

Bungalow No.691, Sector 8-B,
Chandigarh - 160009.


From the Desk of Adarsh Jain, Advocate. December 21, 2007.

Legal Notice Regd. Ad.
The Allahabad Bank,
Rohtak.
Through its Branch Manager.

Subject: Notice to quite and for vacating property of my clients Jaswant Rai Jain and others which has been leased out to you on 1.10.1997, as the period of lease has expired and you were required to vacate the premises at the expiry of five years thereafter another term of five years, but as you have failed to vacate the premises.
[protected]

Dear Sir,
That on behalf of my clients namely Sh. Jaswant Rai Jain, Smt. Raj Kumari Jain, Sh. Balwant Rai Jain, Sh. Sanjay Kumar Jain, Sh. Basant Kumar Jain, Smt. Nirmal Jain, Sh. Pawan Kumar Jain and Smt. Madhu Jain, residents of 26, Tulsi apartments, Sector 14, Rohini, Delhi, I hereby serve you the following legal notice:

1. That my clients are owners of property situated on Jhajjar Road Rohtak known as Mehtab Bhawan, Rohtak, Ground Floor total area 2715 Sq. ft. and the same was leased out to you for a period of five years commencing from 1.10.1997. A registered lease deed dated 20.2.1998 was executed between my client and you wherein it was stipulated that the property shall be leased to you for five years commencing 1.10.1997 at a monthly rent of Rs.9502.50. A condition of the lease was that you had option to renew the said lease upon the same terms with rent increase by 20% for a further period of five years only. No further option was allowed to you for renewal of the lease.

2. That at the expiry of first period of five years you had opted for renewal of the lease and the same stood renewed for another period of 5 years expiring on 30.9.2007.

3. That my clients do not want to keep you as lessee in the demised premises any longer and have asked to vacate the same. My clients had also intimated to you on 1.8.2007 that they required the premises for their own purpose and that you are requested to give them peaceful possession of the premises on or before 30.9.2007.

4. That despite asking by my client you have failed to vacate the premises though you are a statutory Institution and a Scheduled Bank which is a Government of India entity. As you are a Nationalized Bank, you are amenable to writ jurisdiction and my clients have instructed me to initiate action against you for recovery of possession of the demised premises.

5. That you are hereby granted 60 days time to vacate the demise premises failing which I have instruction to initiate proceedings against you for recovery of the possession of the above described premises either by filing writ petition in the High Court at Chandigarh or by initiating any other proceedings in accordance with law. The lease executed by my client has already expired on 30.9.2007 and any surviving lease is hereby terminated through issue of this legal notice and at the expiry of 60 days you are required to hand over peaceful possession of the demised premises failing which legal and necessary action shall be initiated as permissible under law.

A copy of the legal notice has been retained in my office for further use, if any.

With regards,
Yours sincerely,



(Adarsh Jain),
Advocate.