BHARAT PETROLEUM CORPORATION LIMITED Vs. R. CHANDRAMOULEESWARAN
LAWS(SC)-2020-1-76
SUPREME COURT OF INDIA
Decided on January 28,2020

BHARAT PETROLEUM CORPORATION LIMITED Appellant
VERSUS
R. Chandramouleeswaran Respondents


Referred Judgements :-

HARIDAS GIRDHARDAS AND OTHERS V. M. VARADARAJA PILLAI [REFERRED TO]
RAGHBIR SINGH GILL V. GURCHARAN SINGH TOHRA [REFERRED TO]
K A DHAIRYAWAN VS. J R THAKUR [REFERRED TO]
N VAJRAPANI NAIDU VS. NEW THEATRES CARNATIC TALKIES LIMITED [REFERRED TO]
HARIDAS GIRDHARDAS VS. VARADARAJA PILLAI [REFERRED TO]
P ANANTHAKRISHNAN NAIR VS. G RAMAKRISHNAN [REFERRED TO]
S R RADHAKRISHNAN VS. NEELAMEGAM [REFERRED TO]





JUDGEMENT

SANJIV KHANNA,J. - (1.)Leave granted in the special leave petitions.
(2.)The above-captioned appeals filed by the three oil companies, namely, Bharat Petroleum Corporation Limited, Indian Oil Corporation Limited and Hindustan Petroleum Corporation Limited (hereinafter referred to as 'the appellant'), raise an identical question of law relating to the right of a tenant, in terms of Section 9 of the Madras City Tenants' Protection Act, 1921 (hereinafter referred to as the 'Act'), to an order whereby the landlords could be directed to sell the leasehold land in whole or in part at the price fixed by the court.
(3.)Briefly, the appellant had under different written registered lease deeds with the landlords taken land on long-term lease and had thereupon constructed petrol pumps that were given to and operated by the dealers appointed by the appellant under the dealership agreements. In some cases the leases were renewed on nationalisation of companies in terms of Burmah Shell (Acquisition of Undertakings in India) Act, 1976, Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited) Act, 1977, and Esso (Acquisition of Undertakings in India) Act, 1974. However, it is an accepted position that the term or duration of the leases, even where leases were renewed, has expired in all cases.
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