SUBHASH CHANDER & ORS. versus M/S BHARAT PETROLEUM CORPORATION LTD.(BPCL) & ANR.

SUBHASH CHANDER & ORS. versus M/S BHARAT PETROLEUM CORPORATION LTD.(BPCL) & ANR.

By operation of the Burmah Shell (Acquisition of Undertakings) Act, 1976 (ss.3,5,7,11) the leasehold/tenancy rights of Burmah Shell vested first in the Central Government and thereafter in the Government company (Bharat Petroleum Corporation Ltd.), making the respondent a statutory tenant; because the subject property is governed by the Haryana (Control of Rent & Eviction) Act, 1973, that Act provides the exclusive remedy for eviction and therefore the Civil Court's jurisdiction to entertain the suit for possession was impliedly barred and the appeal was dismissed.

Parties
Appellants / Plaintiffs: Subhash Chander & Ors.; Respondents / Defendants: M/s Bharat Petroleum Corporation Ltd. & Anr.
Jurisdiction
India
Judgment Date
28 January 2022
Procedural Posture
Civil Appeal / Final Disposal by Supreme Court (civil Appeal No. 7517 of 2012)
Outcome
Appeal dismissed
Legal Topics
Statutory Tenancy, Jurisdictional Bar of Civil Courts, Eviction Procedure, Overriding Effect of Statute, Vesting of Leasehold Rights
Rent Control / Landlord and Tenant Law Acquisition of Undertakings / Statutory Vesting Transfer of Property Law Civil Court Jurisdiction Statutory Tenancy Jurisdictional Bar of Civil Courts Eviction Procedure Overriding Effect of Statute +1 more

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Parties

Subhash Chander & Ors.

Appellants / Plaintiffs

M/s Bharat Petroleum Corporation Ltd. & Anr.

Respondents / Defendants

Procedural Posture

Civil Appeal / Final Disposal by Supreme Court (civil Appeal No. 7517 of 2012)

Legal Issues

  1. 1 Whether the Civil Court has jurisdiction to entertain a suit for possession or whether jurisdiction is barred by the Haryana (Control of Rent & Eviction) Act, 1973
  2. 2 Whether rights of Burmah Shell vested in Central Government and thereafter in a Government company (BPCL) under the Burmah Shell (Acquisition of Undertakings) Act, 1976, making BPCL a statutory tenant
  3. 3 Whether expiry of the contractual lease term entitled the lessor to a civil suit for possession or whether eviction proceedings lie only under the applicable State Rent Act (Act 1973)

Ratio Decidendi

By operation of the Burmah Shell (Acquisition of Undertakings) Act, 1976 (ss.3,5,7,11) the leasehold/tenancy rights of Burmah Shell vested first in the Central Government and thereafter in the Government company (Bharat Petroleum Corporation Ltd.), making the respondent a statutory tenant; because the subject property is governed by the Haryana (Control of Rent & Eviction) Act, 1973, that Act provides the exclusive remedy for eviction and therefore the Civil Court's jurisdiction to entertain the suit for possession was impliedly barred and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Pending application(s), if any, shall stand disposed of.