Dismissed

Bharat Petroleum Corporation Ltd., v. Preetam Bai W/O Dr. Ramesh Meena.

Rajasthan HC15 Oct 2024CSA/46/2023

Case brief

AI extract

What is this about?

In this second appeal regarding leased land, the High Court observed that possession was taken by the Respondents on 22.03.2024 after the lease expired on 28.08.2023. Relying on counsel's submissions that rent was waived for the interim period, the appeal was dismissed as infructuous.

What did the court decide?

The second appeal was disposed of as infructuous; Respondents directed not to claim rent from 28.08.2023 to 22.03.2024.

Bharat Petroleum Corporation Ltd., Vs Preetam Bai W/O… — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:43229]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 46/2023

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Bharat Petroleum Corporation Ltd., Through Territory Manager, Bharat Petroleum Corporation Ltd. Sitapura Industrial Area, Sanganer, Jaipur (Raj.) Now Through Its Constituted Attorney Ravinder Pal Singh S/o Shri Shangar Singh, Aged 35 Years, Territory Manager, (Retail) Bharat Petroleum Corporation Ltd. Territory Office Village Brijeshpura (Tathed) Baran Road, Nh-27, Kota-325201.

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----Appellant

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Versus

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1. Preetam Bai W/o Dr. Ramesh Meena., R/o 11/1, Gandhi Nagar, Jaipur (Raj.).

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Dr. Ramesh Meena S/o Mishri Lal Meena., R/o 11/1, Gandhi Nagar, Jaipur (Raj.).

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Kusha Kumar Beejal S/o Dr. Ramesh Meena., R/o 11/1, Gandhi Nagar, Jaipur (Raj.).

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----Respondents

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For Appellant(s)	: Mr. R.K. Agarwal with
	Mr. J.P. Gupta &
	Mr. Adhiraj Modi
For Respondent(s)	: Mr. Sandeep Singh Shekhawat

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order

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15/10/2024

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At the very outset, learned counsel appearing on behalf of respondents submits that the matter has become infructuous, as the possession of leased out land has been taken on 22.03.2024 by the respondent in execution of the decree.

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Learned counsel appearing on behalf of appellant does not dispute this fact of taking possession on 22.03.2024. It has also been contended that the period of lease has also expired on

[2024:RJ-JP:43229]

[CSA-46/2023]

(2 of 2)

28.08.2023, therefore, there is no merit in the case and the matter be disposed of as having become infructuous. In support of his submission, learned counsel has relied upon the judgment of Hon'ble Supreme Court in the case of National Company Vs. Territory Manager, Bharat Petroleum Corporation Limited and Anr. reported in (2021) 13 SCC 121.

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Learned counsel for the appellant further submits that the rent of the premises upto 28.08.2023 has also been paid to the respondents.

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On instructions, learned counsel appearing on behalf of the respondents submits that respondents forego the rent which became due from 28.08.2023 to 22.03.2024 the date on which the possession has been taken over by the respondents.

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In that view of the matter, this second appeal is disposed of as having become infructuous with a direction that respondent will not claim rent of the premises from 28.08.2023 to 22.03.2024.

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(ASHUTOSH KUMAR),J

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TANISHA /696

Bharat Petroleum Corporation Ltd., v. Preetam Bai W/O Dr. Ramesh Meena.

Case brief

What is this about?

What did the court decide?

Bharat Petroleum Corporation Ltd., v. Preetam Bai W/O Dr. Ramesh Meena.

Case brief

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What did the court decide?

What the court decided

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