I' it is submitted bY the Id' Counsel of the applicant that th, ,ppli„„t h„ executed a registered mortgage lease Deed No. 16575 dated 19.11.2015 in favour of respondent no.2 for the period of 33 years w.e.f. 19.11.2015 and transferred leasehold right in favour of the respondent bank only for the purpose of securing the repayment of loan amount during the currency of lease or prior thereto in the event of its determination. During the period, the respondent no.2 defaulted in repayment of rent from November, 2017 and failed/neglected to pay the rent since thereafter hence, the applicant issued notice dated 04.01.2019 and 17.04.2019 directing the respondent no.2 to make payment or arrear of rent and also expressing the intention to determine/terminate the lease deed vide notice dated 17.04.2019. Further, vide notice dated 18.04.2019 it was informed to the respondent no.2 that the lease deed stands determined and terminated and directed to deliver peaceful possession of the land. The applicant has also filed an Eviction Suit bearing no.20/2021 before the Competent Civil Court at Samastipur seeking relief as declaration that the lessor has determined the lease for default in payment of rent and for violation of terms and conditions of lease deed. In the above said suit the respondent bank is also one of the parties. The respondent bank appeared in the matter through his counsel and contesting the said suit.
