YOGESH KUMAR GULATI Vs. SATYA PRAKASH DHINGRA

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the validity of the order dated 10-9-2010 by which the application preferred by the petitioner under Order 12, Rule 6 of the Code of Civil Procedure, has been rejected.

(2.) Facts giving rise to filing of the writ petition briefly stated are that the petitioner/plaintiff had filed a civil suit seeking a direction to the defendant to execute the lease deed for a further period of six years commencing from 1-10-2008 to 30-9-2014. The claim in the suit was based on the ground that a lease deed dated 28-10-1993 was executed between the parties to the suit for a period of 15 years commencing from 1-10-1993 to 30-9-2008. Under the aforesaid lease deed, the petitioner was permitted to establish and run a petrol/diesel pump, which was allotted to him by Hindustan Petroleum Corporation Limited. Clause 5 of the lease deed contained the renewal clause. Accordingly, the petitioner set up the retail outlet in the name and style of "M/s. Bhavani Automobiles". Before expiry of period of lease, the petitioner exercised the option of renewal for a further period of six years under Clause 5 of the lease, deed. Accordingly, a notice Annexure P/2 dated 9-7-2008 was sent to the respondent. The respondent sent a reply to the aforesaid notice and informed the petitioner that he is not inclined to renew the lease deed. The petitioner accordingly filed the civil suit seeking the relief of renewal of the lease deed.

(3.) The respondent filed the written statement. It is the case of the petitioner that in paragraphs 5, 8 and 9 of the written statement, the respondent has specifically admitted the execution of the lease deed and the fact that as per clause 5 of the lease deed, the petitioner is entitled to renewal of lease for a further period of six years. In view of categorical admission made by the respondent in the written statement, the petitioner filed an application under Order 12, Rule 6 of the Code of Civil Procedure (hereinafter referred to as the "Code") Annexure P/7 in which a prayer was made that a decree be passed directing the defendant to execute the lease deed for a further period of six years. The respondent filed the reply to the aforesaid application and opposed the prayer made in the application. The trial Court vide impugned order dated 10-9-2010 rejected the application submitted by the petitioner.