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Supreme Court of India 2021-11-11 allowed

NATIONAL COMPANY, REPRESENTED BY ITS MANAGING PARTNER vs THE TERRITORY MANAGER, BHARAT PETROLEUM CORPORATION LTD. & ANR

Bench: 2 — L. Nageswara Rao, B.R. Gavai

In Brief

A petroleum company leased property to operate a petrol pump but had licensed its actual operation to a third-party dealer. When the lease expired in 2009, the landlord sought vacation. The High Court denied relief, relegating the landlord to a civil suit. The Supreme Court allowed the appeal, holding that since the petroleum company was not in actual physical possession (the dealer was), it had no protection under the Tamil Nadu City Tenants Protection Act. The Court directed vacation within three months and ordered payment of market rent arrears from lease expiration to possession delivery, emphasizing that a State entity's continued occupation without paying rent was unbecoming conduct.

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Landlord and Tenant Law Tenancy Protection Writ Jurisdiction Property Law Constitutional Law

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