2020 (11) TMI 496

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....d respondent entered into an agreement of lease with the first respondent on 28.12.2005 (mentioned as 24.12.2005 in some pages and 26.12.2005 in some other pages), registered as document No.254 of 2006 for the same period, i.e., 29 years commencing from 01.11.2005, on certain terms, including the monthly rental with periodical enhancement till 31.10.2034. The second respondent failed to pay the rent for certain period, that is, August 2010, July 2011 and from 01.04.2012 to 30.09.2013. Thereafter, the second respondent issued a cheque bearing number 289158 for a sum of Rs. 14,885/-, which was, on deposit for collection, returned with an endorsement funds insufficient. 3. The petitioner also claimed that a sum of Rs. 96,693/- claimed to ha....

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....orporation also sent a suitable reply on 04.11.2005 to the representation of the petitioner dated 20.12.2015 and hence, the petitioner could have no grievance against the first respondent and thus, the first respondent sought for dismissal of this writ petition. 5. Heard the learned counsel on either side and perused the materials placed before this Court. 6. There is no dispute that the petitioner is the head lessor ; the second respondent is the lessee ; and the first respondent is the sub lessee. At the outset, it is to be stated that the first respondent owes no amount to either the petitioner or the second respondent as arrears of rent. On the other hand, the second respondent failed to discharge her liability to the petitioner a....

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....cond respondent, on the strength of the former lease deed and the said Clause reads as follows : "As per Clause III-Point 6 in Page 10 in the lease deed doc No.4974 of 2005 dated 30/11/2005 (hereinafter called Head Lease) between Mr.T.M.Ramalingam (the head lessor) and Ms.S.Sathya (the lessee(, the said lessee covenanted that the lease hold rights of sub-lessee, M/s.Hindustan Petroleum Corporation Limited shall not be taken away in case of any failure to comply with any terms and conditions of the head lease by the lessee therein and in case of such a contingency, the sub-lessee (M/s.Hindustan Petroleum Corporation Limited) shall step into the shoes of the lessee therein by paying the rentals agreed to be paid by the lessee to the ....