INDIAN OIL CORPORATION LTD. UDAIPUR DIVISIONAL OFFICE, PANCHWATI, ROAD NO. 1, UDAIPUR; THROUGH REGIONAL MANAGER, IOCL, UDAIPUR DIVISIONAL OFFICE, UDAIPUR (RAJ.) Vs. NAVRATAN SINGH S/O SHRI MOTI SINGH RAJPUROHIT, R/O HOUSE NO. 16, NEAR J.B. HOSPITAL, HIRAN MAGRI, SECTOR NO. 6, UDAIPUR (RAJ.)

JUDGEMENT

(1.) This review petition has been filed by defendant/respondent Indian Oil Corporation Ltd. with a prayer to review the judgment dated 01.03.2016 passed by Coordinate Bench of this Court in SB Civil First Appeal No. 437/2011 whereby the appeal filed by Navratan Singh Rajpurohit was allowed and the eviction decree came to be passed in his favour regarding the disputed land.

(2.) Brief facts relevant to the present review petition are that Navratan Singh Rajpurohit purchased suit land in court auction on 14.1.2008 situated at village Fanda Dakan, Tehsil Girwa, District Udaipur on which defendant IOCL had set up a petrol pump. Lease of this plot was granted by Collector, Udaipur in favour of Shri Bhanwar Lal against whom, a decree was passed in civil suit No. 35/05. In execution proceeding thereof, the said land was auctioned and was purchased by Navratan Singh Rajpurohit. On 28.2.1997, Bhanwar Lal sub-leased the said land to IOCL for setting up a petrol pump for original period of 15 years, which was liable to be extended for a further period of 15 years in terms of Clause (n) of the lease deed dated 28.2.1997 executed between Bhanwar Lal and IOCL.

(3.) After purchase of the said land by Navratan Singh Rajpurohit, he filed a suit against IOCL, which was decreed by the trial Court to the extent of payment of monthly lease charges only and the relief for eviction was refused. Against the said judgment, first appeal was preferred by Navratan Singh Rajpurohit, which was allowed by the judgment under review.