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Judgment
Vipin Sanghi, CJ
1) Mr. Miglani, learned counsel for the appellant, states that the court fee has been tendered in the Court. The same is taken on record.
2) The present Special Appeal is directed against the order dated 20.10.2022, whereby the writ petition preferred by the appellant to assail the orders dated 14.06.2022 and 05.08.2022, terminating the petitioner’s lease has been dismissed.
3) The learned Single Judge took note of the fact that the tenure of the lease was 12 months which, in any case, has expired on 31.08.2022. Aforesaid being the position, the writ petition was dismissed with a direction to the respondents to refund the excess rent collected from the petitioner within 30 days from production of certified copy of the order.
4) The submission of Mr. Miglani is that the termination was illegal, and under the terms of the lease, the same was extendable for a further tenure. He submits that the right of the petitioner to challenge the termination, and also to seek extension of lease, has to be preserved.
5) In the light of the aforesaid, we dispose of this appeal with liberty to the appellant to avail its civil remedies in respect of the termination as well as other rights emanating from the lease agreement. We, however, make it clear that we have not examined the merits of the appellant’s claim.