BURMAH SHELL OIL DISTRIBUTING NOW KNOWN AS BHARAT PETROLEUM CORPORATION LTD. versus KHAJA MIDHAT NOOR AND OTHERS

BURMAH SHELL OIL DISTRIBUTING NOW KNOWN AS BHARAT PETROLEUM CORPORATION LTD. versus KHAJA MIDHAT NOOR AND OTHERS

After expiry of original lease term, absence of registered renewal rendered lease as month-to-month; valid written notice to lessee sufficed to terminate tenancy, and sub-lessee need not be separately notified or impleaded for eviction when lessee received valid notice.

Parties
Petitioner: Burmah Shell Oil Distributing now known as Bharat Petroleum Corporation Ltd.; Respondent: Khaja Midhat Noor; Lessee: Latifur Rehman
Jurisdiction
India
Judgment Date
03 May 1988
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on Slp, Appeal From Patna High Court Appellate Decree No. 133 of 1983
Outcome
Special Leave Petition dismissed with costs.
Legal Topics
Termination of Lease, Notice to Quit, Sub Lessee Eviction, Lease Renewal, Registration Requirements
Property Law Termination of Lease Notice to Quit Sub Lessee Eviction Lease Renewal Registration Requirements

Case Brief

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Parties

Burmah Shell Oil Distributing now known as Bharat Petroleum Corporation Ltd.

Petitioner

Khaja Midhat Noor

Respondent

Latifur Rehman

Lessee

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on Slp, Appeal From Patna High Court Appellate Decree No. 133 of 1983

Legal Issues

  1. 1 Whether lease was extended automatically for a period of five years under Ext. 4 or became a tenancy from month to month after expiry of original term
  2. 2 Whether the notice (Ext. 7) validly terminated the lease in absence of notice to sub-lessee

Ratio Decidendi

After expiry of original lease term, absence of registered renewal rendered lease as month-to-month; valid written notice to lessee sufficed to terminate tenancy, and sub-lessee need not be separately notified or impleaded for eviction when lessee received valid notice.

Court Disposition

Special Leave Petition dismissed with costs.

Orders

  • Petition dismissed with costs.