BABA AND COMPANY NELLORE REP BY ITS MANAGING PARTNER Vs. HINDUSTAN PETROLEUM CORPORATION LTD MUMBAI REP BY ITS CHAIRMAN

JUDGEMENT

(1.) The petitioner, a partnership Firm, has filed this writ petition, seeking directions by way of Mandamus, declaring the action of respondents in not handing over vacant possession of the premises bearing plot No.6, Ward No.23 in Sy.No. 1576/645, opposite Municipal Vegetable Market on GNT road, Nellore to the petitioner, as illegal and arbitrary and without any authority of law, and for a consequential direction to the respondents to hand over the vacant site of the aforesaid premises to the petitioner.

(2.) Necessary facts in brief, for disposal of this writ petition, are as under :

(3.) After purchase of the aforesaid piece of land by way of two registered sale deeds, dated 29th December 2001, a notice, dated 11.11.2004, was sent by the petitioner, to respondents 1 to 3 herein, calling upon them to deliver vacant possession of property in view of the termination of tenancy and also claiming damages at the rate of Rs.50,000/- per month. In response to the same, a notice, dated 01.01.2005, was sent to the counsel for petitioner, stating that payment of rents was withheld only because of non-submission of the information required by them, as such, there is no willful default or negligence in paying the rents. In the said reply notice, it is admitted that after the death of Mrs.Nasimunnisa Begum, registered gift settlement deeds were executed by her sons in favour of the vendor of the petitioner i.e. Mrs.Shaheen Altaf Pasha. The respondents have resisted for vacating the premises in question, alleging that the action of the petitioner's vendor in not extending the first option to them for purchase of the site in question, is unjust, though there is a clause to that effect, in the lease agreement.