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2020 (6) TMI 477

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..... mandamus - HELD THAT:- Undisputed fact is, petitioner has leased her property in favour of Alfara. It is petitioner's claim that Alfara has defaulted in paying monthly rent. In view of the admitted position that Alfara is in possession of the premises in question as a tenant on the strength of lease deed dated 1st July 2017, the prayer to issue a writ of mandamus and handover the premises in .....

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..... for short 'Alfara') under a lease agreement dated 1st July 2017; Alfara has stopped paying rents from July 2018; Certain proceedings were initiated by the Assistant Commissioner of Commercial Taxes under the provisions of the Central Goods and Services Tax and Karnataka Goods and Services Tax Act, 2017 (for short 'GST Act'). Pursuant thereto, the premises in question was sea .....

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..... premises and handover the physical possession of the schedule premise to the Petitioner forthwith, by issuance of the Writ of Mandamus or any order or writ in the nature of a Writ of Mandamus; Or in the alternative b. Direct the 1st Respondent to instruct the 2nd Respondent to participate in the un-sealing proceedings and consequently direct the Respondents to handover the possession of t .....

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..... se from Alfara. The proceedings under the GST Act are initiated against Alfara and petitioner has no locus standi to challenge the said proceedings. 5. I have carefully considered rival contentions and perused the records. 6. In substance, petitioner - landlord is seeking delivery of vacant possession of the premises which she has leased to Alfara. Incidentally, proceedings under GST Act hav .....

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