PUNJAB CHEMICALS & CROP PROTECTION LTD Vs. HINDUSTAN ANTIBIOTICS LTD

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, assails the judgment and order dated 1st November 2011 passed by the learned District Judge, Pune, whereby the appeal of the petitioner under section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short the Public Premises Act) has been rejected, confirming an eviction order.

(2.) The petitioner claims to be the successor of one M/s.Excel Phospho Chemicals (Excel for short), which according to the petitioner came to be amalgamated in proceedings in Company Petition No.533 of 2005 under an order dated 28th October, 2008 between one STS Chemicals and the Petitioner herein. The order passed by the High Court and the amalgamation scheme is placed on record in the paper book of this petition.

(3.) The respondent No.1 Hindustan Antibiotics Ltd., (for short Respondent) is a Government Company. There is no dispute that the premises in question belonging to the respondent are public premises within the purview of the Public Premises Act. Excel was granted on lease an open plot of land by respondent No.1 under a lease agreement dated 12th November 1960. The period of lease as specified under the agreement was from 1st November 1961 to 31st December 1985 at the rate of Rs.250 per month per acre. There is no dispute that this lease agreement was duly registered. It would be fruitful to note some of the contents of this lease agreement, which are as under: