Bharat Petroleum Corporation ... vs Ece Industries And Ors.
2001 Latest Caselaw 1686 Del

JUDGMENT

J.D. Kapoor, J.

1. The plaintiff has filed the suit for mandatory and permanent injunction arising out of the lease deed dated 24.2.1993 whereby premises was leased for nine years w.e.f. 1.4.1992.

2. Clause 12 of the lease deed filed by the plaintiff provided that on the expiry of lease agreement, the lessee will hand over vacant possession of the demised premises to the Lesser/Co-Lessers in good condition unless a fresh agreement is entered into or agreed upon between the parties on mutually agreed terms & conditions.

3. Admittedly no such agreement has been executed after the expiry of nine years period. The plaintiff has sought mandatory injunction directing the defendants to execute the lease deed and has also sought permanent injunction restraining the defendants from erecting any wall and/or interfering in the peaceful possession and use of the area shown and demarcated in red in the annexed site plan.

4. As is apparent from the aforesaid lease deed and as per plaintiff's own reckoning, the lease was for a period of nine years w.e.f. 1.4.1992. After its expiry on 31.3.2001, it has not been extended nor agreement has been entered into or agreed upon between the parties on mutually agreed terms and conditions.

5. Defendant/Landlord cannot be compelled or forced to extend the lease. Lease is the agreement between two parties. Parties alone can extend the life of expiring lease. Tenant whose lease has expired does not have the legal right to extend it unilaterally nor does he has the right to remain in possession after expiry of he lease period particularly when he agrees to hand over the vacant and peaceful possession of the premises after the expiry of lease.

6. If no sanctity or solemnity is attached to agreement of lease between the landlord and tenant and tenant refuses or resists to vacate the premises, it exposes the credibility, bonafide and moral side of the tenant and samcks of crisis of confidence. Landlord always takes the tenant on his face value when the tenant approaches him and gives undertaking in writing to vacate the premises after the agreed period of lease.

7. Foregoing reasons disentitle the plaintiff to the relief claimed through prayer (a) of the suit.

8. As regards prayer (b) whereby plaintiff seeks permanent injunction restraining the defendants from erecting any wall and/or interfering in the peaceful possession and use of the area shown and demarcated in red in the annexed site plan, this right of the plaintiff also emanates from the lease agreement dated 23.2.1993 which has neither been renewed nor have the parties mutually agreed to enter into new lease. No independent suit for such an injunction is maintainable. Since the parties are already entangled in the suit for possession filed by the defendants, such a relief may be prayed by the plaintiff as interim relief but cannot be allowed to pray for such a relief by way of independent suit.

9. In the result, application is allowed and the suit is dismissed having become infructuous. This order is without prejudice to the rights and contentions of the parties in the suit for possession.