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2023 Supreme(All) 350

MANOJ KUMAR GUPTA, PRASHANT KUMAR
V. Mart Retail Ltd. – Appellant
Versus
LIC Housing Finance Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Jitendra Prasad.
For the Respondent: CSC, Pranjal Mehrotra.

JUDGMENT :

1. The instant petition has been filed praying for a writ of mandamus commanding the respondents to consider the representation of the petitioner dated 24.11.2020 and not dispossess the petitioner from Property No.3/67, Rui Ki Mandi, Shahganj, Agra or interfere in the running of business by the petitioner in the said premises.

2. The facts necessary for disposal of the petition are that the petitioner is a company incorporated under the Companies Act. It is running its retail business from the aforesaid premises in pursuance of a Memorandum of Understanding (MOU) dated 10.5.2016 between it and respondents no.4 to 8, the owners of the premises (hereinafter for short 'the lessors'). According to the MOU, the petitioner was let out ground floor and first floor of the building admeasuring 11300 square feet. The lessors were to hand over possession of the premises to the petitioner on or before 25.05.2016. The petitioner was given right to vacate the demised premises after serving a three months' notice on the lessors. On the other hand, the lessors were given right of forfeiture of tenancy only when there was continuous default of three months or more in payment of rent and th

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