INDIAN OIL CORPORATION LTD. Vs. SURENDRAKUMAR

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by the consent of the learned Counsel for the respective parties.

(2.) Petitioner has questioned the Judgment and Order, dt.1.2.2014 passed by the Adhoc District Judge3, Nagpur in Regular Civil Appeal No.431 of 2011 and the Judgment and Order, dt.5.9.2011 passed by the Additional Judge, Small Causes Court at Nagpur in Regular Civil Suit No.30 of 2007. The suit was instituted on 22.1.2007. The said suit was decreed and the counterclaim was dismissed. The petitioner prayed to decree the counterclaim made by him on 12.2.2009.

(3.) The facts, briefly stated, are as under :Under the Lease deed, dt.12.3.1993, the suit property (vide Exh.62) i.e. land admeasuring about 200 feet x 200 feet with structure thereon, out of land Survey No.171/1 situated at village Bhokhara, in Nagpur (Rural), SubDistrict Chhindwara Road was let out to the IBP Co. Ltd. for the period of 10 years of duration with effect from 1.12.1989 to 30.11.1999 for running retail outletdealership allotted to M/s.Vikas Motors, a Partnership Firm. The rent agreed was Rs.1200/per month for the first five years and Rs.1500/for the remaining five years. Dealership of M/s.Vikas Motors was terminated, but the IBP Co. Ltd. continued to run the retail outlet even after termination. The IBP Ltd. Company merged with the petitioner/Company and continued to run the retail outlet. Respondent had accepted rent from the petitioner. On 26.6.2006, the respondent/plaintiff/landlord issued notice of termination of lease calling upon the occupant Petitioner Company to hand over vacant possession of the suit premises to the landlord by 31.7.2006 also on the ground of bona fide need of the landlord to recover the possession. Regular Civil Suit No.30 of 2007 was filed on 22.1.2007 against the IBP Company for eviction. During pendency of the suit, merger took place of the IBP Co. Ltd with the Indian Oil Corporation.