Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1973 – Burmah Shell (Acquisition of Undertakings) Act 7 and 11 – Transfer of Property Act 1882 Haryana (Control of Rent & Eviction) Act 5 1976 – ss. 3 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Haryana (Control of Rent & Eviction) Act, 1973 – Burmah Shell (Acquisition of Undertakings) Act, 1976 – ss. 3, 5, 7 and 11 – Transfer of Property Act, 1882 – Suit for possession by the appellant – Maintainability of, before the Rent Controller under the 1973 Act or the jurisdiction of the civil court – Property owned by the predecessor in interest of the appellant, leased out to M/s Burmah Shell Company for 20 years – Renewal option for another 20 years was availed – However, before the expiry of the initial lease period, the Central Government enacted Burmah Shell (Acquisition of Undertakings) Act, 1976 and took over the rights of the lessee and transferred the same to the respondent-government company in exercise of its power under the Act 1976 – After expiry of lease period, notice served on the respondents for terminating the tenancy and thereafter, suit for possession filed by the appellant against the respondent for vacating the suit property – Trial court held that the appellants were entitled for the restoration of possession of the suit land – In appeal thereagainst, it was held that the civil court has no jurisdiction to try the suit and respondents are in possession of the suit property as statutory tenant and can be evicted from the suit property only under the provisions of the Act 1973 – High Court upheld the same – On appeal, held: By virtue of the statutory enactment of Burmah Shell Act, 1976, the pre-existing tenancy rights held by Burmah Shell with the appellants vested with the Central Government and by virtue of s. 7, the said rights in turn stood vested in the respondents-government company and they statutorily became the tenant of the appellants – Jurisdiction of a civil court is impliedly barred from the field covered specifically by the provisions of the Act 1973 and that being the complete code determining the rights of a tenant/landlord to the exclusion of the other laws – Therefore, no error committed by the High Court in holding that even after the expiry of the lease term of the lease deed, the respondents became a statutory tenant and jurisdiction of the civil court is impliedly barred and could be evicted only under the provisions of the Act 1973. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2022 INSC 107 |
Petitioner | Subhash Chander & Ors. |
Respondent | M/s Bharat Petroleum Corporation Ltd.(bpcl) & Anr. |
SCR | [2022] 8 S.C.R. 108 |
Judgement Date | 2022-01-28 |
Case Number | 7517 |
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