HINDUSTAN PETROLEUM CORPORATION LTD. & ANR. versus SHYAM CO-OPERATIVE HOUSING SOCIETY & ORS.

Parties

Procedural Posture

Transferred Case / Final Judgment

Legal Issues

1. 1 Whether Hindustan Petroleum Corporation Ltd., as successor of Esso Eastern Inc., was entitled to protection under section 15A of the Bombay Rent Act
2. 2 Whether the Maharashtra State Co-operative Appellate Court correctly held that the licence stood extinguished upon acquisition under Esso (Acquisition of Undertakings in India) Act, 1974
3. 3 Whether the right acquired by Esso Eastern Inc. under section 15A could vest in Hindustan Petroleum Corporation Ltd.

Ratio Decidendi

Hindustan Petroleum Corporation Ltd. was in occupation of the premises under a subsisting licence as of 1st February 1973 and thus acquired the status of deemed tenant under section 15A of the Bombay Rent Act. The statutory vesting of tenancy rights upon acquisition by the Central Government ensured legal continuity, and the petitioner was entitled to protection against eviction.

Court Disposition

Petition allowed.

Orders

• The judgment and order of the Maharashtra State Co-operative Appellate Court dated June 6, 1983 are quashed.
• The proceedings initiated by the Society under section 91 of the Maharashtra Co-operative Societies Act, 1960 are quashed.