LAW FOR ALL

EVICTION OF PETROL STATION = The evidence of PW 1 would go to show that the appellant – defendant No.1 entered into lease agreement with the first respondent - plaintiff on 18-08-1967 for a period of about 20 years and later it was extended for another period of 20 years which came to an end by 31-03-2007. Ex.A-1 is the letter addressed by the plaintiff to the first defendant to vacate the premises. It is admitted by her that though request was made by the appellant to extend the lease period for another 30 years, she refused to do so. Practically, the evidence of PW 1 remained unchallenged. DW 1 who is examined on behalf of the defendant No.1 stated that when the lease period expired, the company made a request to the plaintiff to extend the lease period for another 30 years. He also admitted that they intended to vacate the premises as soon as they secure a suitable accommodation. For that purpose, the appellant also identified some sites for retail outlet of the petrol bunk, but that was not materialised. So from the evidence on record, it is clear that the lease period expired by 31-03-2007. Further, a specific plea has been taken in the written statement that the appellant would require six months or one year time to vacate the premises to enable it to secure a suitable alternative site. That period is also over. Therefore, considering the evidence on record, the trial Court rightly decreed the suit directing the defendants to vacate and deliver vacant possession of the schedule property to the plaintiff, and it requires no interference by this Court. Insofar as awarding of damages for use and occupation after expiry of the lease period is concerned, the respondent – plaintiff claimed damages at the rate of Rs.1,00,000/- per month. There was a rapid growth in that area because of starting of international airport and sharp rise of rents in and around the plaint schedule premises. Considering these aspects, the trial Court rightly granted Rs.25,000/- per month towards damages for use and occupation. Considering the locality of the outlet and considerable increase of rents in that area, granting of Rs.25,000/- per month towards damages for use and occupation cannot be said to be on higher side or unreasonable. There are no grounds to interfere with the judgment and decree of the trial Court. - In view of the fact that for the last 40 years, the appellant is running a retail outlet petrol bunk, a reasonable time can be granted to enable it to secure alternative accommodation for the purpose of starting retail outlet. Accordingly, the appellant is granted time to vacate the premises till 31-12-2011.