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Head Note

Civil Law  - Public Premises

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Section 5(1) and 9 - Public Premises - Eviction - Retail outlet petrol pump - Letter of intent - Dealership Agreement - Cancellation of - Lease agreement of land - A reading of the dealership agreement makes it that it has no connection whatsoever with the lease agreement - Both the agreements are independent of each other - Appellant was a dealer under the lessee, that is, the Corporation - Dealership is liable to be cancelled on many a ground - In case there is a termination, dealership is bound to be cancelled and at that juncture, if the lease deed is treated to have been terminated along with the dealership, it will lead to a situation which does not flow from the interpretation of the instruments - Dealership agreement has been terminated because of the decision rendered by this Court - Consequence of cancellation of the dealership is a sequitur of the judgment - Appellant has to vacate the premises and the Corporation has the liberty to operate either independently or through another dealer - Appellant cannot be allowed to cause obstruction or create an impediment - Submission that the appellant entered into the lease agreement at a monthly rent of Rs.10,000/- as it was given the dealership liable to be rejected - Dealership was availed of in an inapposite manner - In such a situation, consequences are to be faced by the appellant. Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Section 5(1) and 9 - Public Premises - Eviction - Plea on behalf of the appellant that the 1971 Act would not be applicable repelled - Admittedly, the respondent is a public sector undertaking - Appellant whose dealership has been cancelled, cannot claim possession to retain possession on the basis of ownership of the land as the lease is in continuance - Therefore, he is a trespasser - Provisions of the 1971 Act apply.

Topic(s)-Public Premises - Eviction allowed