- (1.) The writ petition is at the instance of an educationed institution challenging the continuance of the proceedings initiated by the respondents under the provisions of the Public Premises Act. It is significant to observe even at the outset that the proceedings - before the Estate Officer has not been concluded and the writ petition has been filed when the proceedings were in progress and when the case was posted for hearing to a particular date for further evidence. II. The litigious journey so far (a) Petitioner's possession of the land of NTPC for running a school
(2.) The facts leading up to the litigation would require to be quickly visited. An agreement has been entered into between the petitioner and the 1 st respondent in respect of property measuring just under 7 acres of land on 26.06.2000. The agreement allows for the petitioner to establish a school conforming to CBSE pattern and allows for construction to be put up at the cost of the petitioner. The petitioner has given an undertaking through the agreement that it will run the school for a period of 30 years by obtaining rent at nominal rent of Rs.100/- per year. The agreement allows for the termination of the agreement on setting out a notice to terminate by giving at least one year prior notice. On questions relating to interpretation or meaning of the agreement, as well as resolution of disputes and differences, the agreement recites that parties shall settle through arbitration before a sole Arbitrator appointed by the Chairman and Managing Director of NTPC. The agreement contemplates an execution of a lease deed independently within 3 months from the date of the execution of the agreement. (b) In the absence of registration, rights of parties to be determined by prior agreement
(3.) A lease deed has been indeed executed, not within 3 months but however on 16.01.2001. Apart from the setting forth the basic terms already agreed under the agreement for the tenure of lease and the lease amount to payable, the lease deed provides for other clauses as well. The document provides that the cost of stamp duty and registration will be borne by the lessee. If the document purports to be for a term exceeding one year, it is required to be registered. It has not been registered and consequently, the document cannot be used as evidence of what the document contains. I will discard straightway any of the terms of the lease deed as governing the rights between parties except to state that the character of possession of the petitioner is as a lessee and it should only be taken that the petitioner holds the property on lease on month to month basis. (c) Differences leading to termination of agreement ;