Supreme Court of India

Subhash Chander & Ors. v. M/s Bharat Petroleum Corporation Ltd.(bpcl) & Anr.

Neutral citation
Bench Ajay Rastogi and Abhay S. Oka JJ.
Decided 28 January 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the considered view that no error was committed by the High Court in arriving to a conclusion that even after the expiry of the lease term of the lease deed, the respondents became a statutory tenant and jurisdiction of the Civil Court is impliedly barred and could be evicted only under the provisions of the Act 1973.

Judgment, page 13

From the headnote

Haryana (Control of Rent & Eviction) Act, 1973 – Burmah Shell (Acquisition of Undertakings) Act, 1976 – ss. 3, 5, 7 and 11 – Transfer of Property Act, 1882 – Suit for possession by the appellant – Maintainability of, before the Rent Controller under the 1973 Act or the jurisdiction of the civil court – Property owned by the predecessor in interest of the appellant, leased out to M/s Burmah Shell Company for 20 years – Renewal option for another 20 years was availed – However, before the expiry of the initial lease period, the Central Government enacted Burmah Shell (Acquisition of…

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