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HIGH COURT OF KERALA
HARISANKAR V. MENON, J
T.M. BIJU – Appellant
Versus
INDIAN OIL CORPORATION LTD. – Respondent
| Table of Content |
|---|
| 1. facts regarding the lease and ownership of the property. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both parties regarding the lease. (Para 7 , 8 , 9) |
| 3. court's analysis of the parties' arguments and legal principles. (Para 10 , 11 , 12) |
| 4. court's reasoning on the applicability of section 116 of the transfer of property act. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. final judgment ordering eviction and dismissal of the second writ petition. (Para 23) |
JUDGMENT
[W.P(C) Nos.39962/2017 and 38439/2018]
These writ petitions pertain to a retail outlet of the Indian Oil Corporation Limited (hereinafter referred to as the “respondent Corporation”) in the property leased out by the petitioners in W.P(C) No.38439 of 2018 and run by the petitioner in W.P(C) No.39962 of 2017, pursuant to an allotment by the respondent Corporation.
2. The short facts necessary for the disposal of these writ petitions are as follows:
The petitioners in W.P(C) No.38439 of 2018 are stated to be in joint ownership of about 35.20 Ares of property in Re- Survey No.104/2 in Kuthuparamba Village in Kannur District. Out of the afore property, the petitioners leased out 30 cents to M/s.IBP
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