T KRISHNA GOUD Vs. SABIHA KAMALUDDIN

JUDGEMENT

(1.) The appellant/defendant filed this appeal against the judgment and decree passed in O.S. No. 608 of 2007, dated 7.08.2008 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad.

(2.) The plaintiff instituted suit against the defendant for specific performance to execute and register lease deed for a period of 20 years enabling to run a retail outlet of petroleum products on the suit schedule land based on the terms and conditions under Ex.A1-suit agreement dated 10.11.2006; and for permanent injunction to restrain the defendant from interfering with the possession, enjoyment, establishment and operation of retail outlet.

(3.) Per plaint, the defendant is the owner of the suit schedule land admeasuring an extent of 1200 sq. yards covered by premises No. 3-1-335/B and 3-1-335/C, situated at Nimboliadda, Chaderghat, Hyderabad. The plaintiff sought to obtain lease of the said land for establishing and operating a retail outlet with sub-lease to M/s. Hindusthan Petroleum Corporation Limited (HPCL - the Corporation), after obtaining necessary permissions/licences from the concerned authorities. The plaintiff would run the outlet as a dealer of the Corporation. On the proposal of the plaintiff, the defendant agreed to lease out the premises for a period of 20 years. The defendant accepted Rs. 25,00,000/-towards non-refundable deposit through a cheque, and encashed the same, and the conditions of lease were acknowledged in the said receipt. The receipt recites that the lease would commence from 1.11.2006 and the plaintiff would obtain all the clearances and permissions necessary for setting up of the retail outlet, and enter into lease on or before 1.02.2007, failing which the defendant would return the balance amount of deposit after deducting rent for three months. These conditions were reduced into writing on 10.11.2006 (Ex.A1). A draft lease deed (Ex.A3) was also prepared and handed over to the defendant, in which the defendant made some corrections in his own hand writing.