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2024 Supreme(JK) 315

HIGH COURT OF JAMMU AND KASHMIR
RAHUL BHARTI, J
NAZIR HUSSAIN – Appellant
Versus
KHURSHID HUSSAIN AND OTHERS – Respondent


Advocates:
Mr. Ajay Sharma, Advocate

 ORDER :

1. The appellant herein is a defendant No. 1 in a civil suit filed by the plaintiffs who are the respondents No. 1 and 2 herein. In the said suit, the other two defendants are Rajinder Kumar and Hindustan Petroleum Corporation Limited through its Territorial Manager as the defendants No. 2 and 3. Defendant No. 3- Hindustan Petroleum Corporation Limited is the respondent No. 4 in the present miscellaneous appeal.

2. Respondent No. 4/defendant No. 3 is a lessee of a plot of land measuring 16 marlas falling in khasra No. 275 min situated in village Saikloo, tehsil Mandi District Poonch in terms of a Lease Deed dated 22.03.2014 which is for a period of thirty years. In the said Lease Deed, the lessor is the appellant. On the demised piece of land, the respondent No. 4/defendant No. 3 came to set up a retail outlet petrol pump for running of which petrol pump, the appellant came to be constituted as a dealer.

3. In terms of a Memorandum of Agreement dated 29.03.2014, the appellant in his purported capacity as a dealer vis-à-vis the petrol pump of the respondent No. 4/defendant No. 3 purportedly came to enter into an Agreement to Sell dated 09.06.2023 with the respondents No. 1 and

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