Pankaj Jaiswal (Proprietor) 21 May 2012

Ancestral property

I have a land on which petrol pump is running. My Grandfather has leased the property to a person named 'X' for 20 years in 1950. X has subletted the property to Bharat petroleum corporation Ltd. in 1951 according to the terms of lease done by G'father.In 1970,after lease period we filed suit for vacancy of land.Going to the channel suit was decided at supreme court as default for X. Matter again came to lower court and court ordered to vacate land within 2 months. X, BPCL & dealer of BPCL ran to High court for 2nd appeal where X & BPCL's appeal was dismissed but dealers appeal was accepted by court as he misguided the court.Meanwhile Execution case was going on. In 2008 we came for compromise with officials of BPCL where role of Dealer was main. According to the Terms decided we started dismissal of cases by giving affidavit of compromise at High court. Now Dealer is not fulfilling his promises which was orally, not in written. At time what could I do as I'm not ready for fresh Lease with BPCL which was part of Compromise.

Reply Follow

4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 21 May 2012

If they have violated their undertakings given to the court as per compromise decree, you can file for civil contempt.

And since the compromise decree on basis of settlement constituted a contract, which has been breached by the BPCL you need not perform your part and treat the contract at it's end and sue for damages.

Anything conclusive can't be said unless the case history is perused.

Feel free to talk !

S Jadhav 98336 98330 (Jadhav & Associates) 23 May 2012

Yes Adv Bharat is right. Just to add, though you need not perform your part of the contract, please send a written notice that you are refusing to perform you rpart due to the default by BPCL and please get an acknowledgement from BPCL of the receipt of such notice.

And you may sue the company for breach of contract.

S Jadhav

Pankaj Jaiswal (Proprietor) 25 May 2012

Dear Sir, thanks for your consent but the real fact is that, there is no evidence in written that they are disobeying the compromise. main part of compromise was that I will take back all the cases. I will not demand for rent before 2008, If possible I would purchase my brother's share or if not then perform the lease wih my brother within 3 months and with extension of another 3 months.After giving letter for Lease, Company will execute the lease within 3 months with extension of another 3 months. After 3 months of submitting affidavit in High Court, I have given letter to company to start process of Lease but they haven't replied. Again after 1 month I have written letter for lease but repeatedly they don't replied. Now after 20 days I have refused to perform lease by giving letter. My Lawyer is saying that I would be punished by court as I have given affidavit in High Court for compromise. Now what should I do as I'm in great distress?

dinesh (M.D) 03 December 2012

you can apply to district magistrate for cancellation under clause 150 (petroleum act) of No-objection certificate granted under rule 144 while starting the petrol pump,where the lease is ended, the rights for using the land for storing the petroleum products also automatically ends