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Documents citing Ali Jafar And Ors. vs Hindustan Petroleum Corporation ... on 1 September, 2003

Akshay Kumar Agarwal vs The Darbhanga Municipal Corporation & ... on 9 October, 2018

8. In reply to the submissions made by the learned counsel for the respondent-Municipal Corporation, Mr. Arora, learned senior advocate appearing for the petitioner submitted that the allegation levelled by the Municipal Corporation that the show cause notice issued to the BPCL by the Municipal Corporation was not replied by the BPCL is contrary to the record. He submitted that it is not in dispute that the lease period had expired, but the petitioner and the BPCL have been allowed to continue in possession for substantial period of time under oral arrangement. It is not disputed that the Municipal Corporation was accepting the rent even after expiry of the lease. He contended that even a rank trespasser cannot be ousted from the possession forcefully, if he is in a settled Patna High Court CWJC No.6555 of 2015 dt.09-10-2018 10/ 24 possession of the land unless the person who intends to dispossess the trespasser seeks remedy through competent civil court having jurisdiction of the subject matter. Lastly, he contended that the ratio laid down in Ali Zafar's case is distinguishable on the facts and circumstances of the case.
Patna High Court Cites 11 - Cited by 0 - A K Singh - Full Document
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