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Supreme Court of India 2021-11-11 allowed

National Company, represented by its Managing Partner vs Territory Manager, Bharat Petroleum Corporation Ltd. & Anr

Bench: 2 — B.R. Gavai

In Brief

A property owner leased vacant land to Bharat Petroleum Corporation (BPCL) through its predecessor in 1960, with the final lease expiring on 31 December 2009. After issuing termination notices, the owner sought eviction via writ petition. BPCL had leased the premises to a dealer to operate a petrol pump. The High Court declined relief, relegating the owner to civil remedies, citing Tenants Act protections. The Supreme Court allowed the appeal, holding that since BPCL had sub-let the property and lacked actual physical possession, it could not claim Tenants Act protection. The Court directed BPCL to vacate within three months and pay arrears of market rent from lease expiry until actual possession delivery, emphasizing that a statutory corporation's conduct in unlawfully occupying property was unjustifiable.

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Tenancy Law Landlord and Tenant Writ Jurisdiction Constitutional Law Property Law Public Law Government Undertaking

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