BHARAT PETROLEUM CORPORATION LTD Vs. PARVATI DEVI
LAWS(ALL)-1997-11-7
HIGH COURT OF ALLAHABAD
Decided on November 17,1997

BHARAT PETROLEUM CORPORATION LTD., MIRZAPUR Appellant
VERSUS
PARVATI DEVI Respondents

JUDGEMENT

D.C.Srivastava, J. - (1.) This revision is directed against the findings recorded by the Court of Small Causes on issues No. 6 and 7 against the defendant-revisionist. Issue No. 6 reads as under: "Whether this Court has jurisdiction to try the suit?" Issue No. 7 reads as under ; "Whether the suit is barred by U. P. Act 13 of 1972"
(2.) In compliance of order of this Court passed on 19th May. 1997 in Civil Revision No. 147 of 1997 between the parties, the court below instead of deciding issue No, 6 as preliminary issue, proceeded to decide issues No. 6 and 7 as preliminary issues, on the ground that the two issues are interconnected.
(3.) The brief facts alleged in the plaint, copy Annexure-1 are that open plot of land was given on lease by the landlady to defendant No. 1. M/s. Bharat Petroleum Corporation Ltd. For 20 years. The open plot was given for establishing a Petrol Pump and selling petrol products. The lease deed was executed on 18th September, 1957. There was provision for renewal of lease. The period prescribed in the lease expired, but the lease was not got renewed. Tenancy was determined by a notice. Request for renewal of lease after the expiry of the period of lease was rejected by the landlady. A suit for eviction by demolition of structures raised by the defendants and also for permanent injunction to defendant No. 1 not to supply petrol products to the dealer with effect from 1st November, 1996 was filed on the regular side in the civil court.;


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