• Related to lease agreement done with IOCL

A lease agreement is being done with iocl in 2007 for setting a retail outlet of petrol and diesel by land owner for 30 years.now in mid 2017 iocl terminated the pump.this pump is the only mode of income of our family. Now the want the possession of land and property over land and will allot to any other dealer. Can I cancel the agreement on humanity ground or other ground.plz help.
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

what are the clauses of your lease agreement ?

2) since pump allotment is terminated by IOC refuse to hand over possession of land for allotment to another dealer

3)terminate your lease agreement with IOC as per clauses in your lease deed

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

1)you had agreed to change of dealer in the lease agreement signed by you

2) in case of change of dealer you continue to receive lease rentals

3) there is no clause that you can terminate the lease agreement

4) you can file writ in HC against termination of licence for running petrol pump

5) it is necessary to peruse reasons mentioned by IOC for termination of licence to run petrol pump

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

You have not stated that why IOC terminated your petrol pump agreement in the midway?

If you are not running the petrol bunk anymore, then what is the use of continuing the lease agreement any further.

You may decide about cancelling the lease agreement based on the circumstances.

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

In the lease agreement they had mentioned that they can change the dealer any time without knowing the leassor.but we made this lease for ourself not for others to run this pump.30 years of lease agreement.how can I challenge this lease in court for termination.canwe do it on humanity ground as this is the only land of piece for survival.

You can challenge the termination of the agreement before the court of law if you find that the reason shown for termination by the IOCL is not a valid reason.

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

Challenge the unilateral termination by IOCL in the High Court. Plead before the High Court that your fundamental right to trade and profession has been breached because your dealership agreement has been terminated unilaterally by a stroke of pen, without giving you any opportunity to put up your case. you may get a stay order from the high court in your favour.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Please move to High Court and file a writ as the same action is in violation of Article 21 of the Constitution of India.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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