- (1.) The nine writ Petitioners herein have contended that the Petitioner Nos. 8 and 9 and the predecessor-in-interest of the Petitioner Nos. 1 to 7 were jointly running a retail outlet business for about 15 years in a piece of land measuring 10,000 square feet on the western side of National Highway No. 34 within Chakdaha Police Station in plot No. 630. By an agreement of lease dated 09.10.1972 the Caltex India Limited, the predecessor-in-interest of Hindustan Petroleum Corporation Limited took possession of the said land for carrying out retail outlet business and the Respondent No. 7, Messrs. India Trading Oil Company is now carrying out the said business.
(2.) The lease agreement dated 09.10.1972 was initially for a term of 10 years from 09.10.1972 to 08.10.1982 at a monthly rental of Rs. 6,000/- with renewal option for further period of 10 years, i.e., from 09.10.1982 to 01.10.1992 with enhanced monthly rent of Rs. 750/- only.
(3.) In terms of Clause 3(g) of the lease agreement the tenure of lease was expired and stood terminated with effect from 09.10.1992. Thereafter the Petitioners requested the Respondent to deliver possession of the leasehold property but to no effect.;