- (1.) These two appeals are interlinked in the sense that identical issues in law are involved. We shall indicate the factual position in C.A. No. 7467 of 2003 as basically the impugned judgment in the said case is the foundation of the judgments impugned in C.A. No. 4463 of 2004.
(2.) Factual background in C.A. No. 7467 of 2003 is as follows: Undisputedly, respondent No.1 was the landlord and on the basis of a lease agreement, the appellant-Bharat Petroleum Corporation Ltd. (hereinafter referred to as the 'tenant') occupied the premises. The lease was operative from 1.4.1958 to 31.5.1978. A petrol pump was set up in the leased property. It is to be noted that the lease dated 7.10.1960 was executed between the Erstwhile Burmah Shell Oil Storage and Distributing Co. of India Ltd. (in short 'Burmah Shell') the Predecessor-in-title of the tenant and respondent No.1. In view of the Burmah Shell (Acquisition of Undertakings in India) Act, 1976, the currency of the lease agreement was extended and on expiry of the period a request was made by the tenant for extending the currency of the lease agreement.
(3.) According to the landlord a letter of refusal was sent. The landlord filed a writ petition before the Madras High Court taking the stand that since he was not willing for renewal of the lease deed in favour of the tenant, it was liable for eviction. The tenant took the stand that certain benefits under the Tamil Nadu City Tenant's Protection Act, 1921 (in short the 'Tenants Act') were available to it. In any event, without taking recourse to the remedies available under the said Act a writ petition could not have been filed. A learned single Judge dismissed the writ petition vide order dated 23.8.1999 permitting the landlord to take appropriate proceedings in the proper Court or forum. It was noted that what was impugned was not any order but a letter of the tenant. Though reliance was placed by the landlord on the decision of this Court in Hindustan Petroleum Corporation Ltd. and Anr. v. Dolly Das (JT 1999 (3) SC 61), the High Court held that where the landlord had rejected the request for extension, the only remedy available was to take appropriate proceedings to evict the tenant by moving the appropriate Court. It was held that the matter could not have been agitated in the writ petition. The landlord filed a Writ Appeal before the Division Bench of the Madras High Court. By the impugned judgment, the High Court came to hold that since no factual controversy was involved, therefore, in the background of what has been said in Hindustan Petroleum's case (supra) the order of eviction was to be passed and accordingly allowed the writ petition.;