M/S. Global Enterprises v. Bharat Petroleum Corporation Ltd

CMP Nos.18880 of 2023 in AS No.538 of 2022 R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

This application has been filed by the third party to the Appeal seeking to implead in this Appeal.

2. It is claimed that the petitioner has been licensed by the Appellant Corporation to run a Petrol Bunk in the property, which is subject matter of the suit. Even a perusal of the affidavit shows that no right has been created in favour of the petitioner. The appellant Corporation is a lessee and it has only entered into an agreement with the petitioner for dispensing pump and selling license. It is settled law that the licensee under a tenant is neither a necessary nor a proper party to a suit for eviction. Hence, this petition is dismissed.

(R.S.M., J.) (R.K.M., J.) 22.08.2023 jv https://www.mhc.tn.gov.in/judis

R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

CMP Nos.18880 of 2023 in AS No.538 of 2022 22.08.2023 1/3 https://www.mhc.tn.gov.in/judis