NDLI: Bharat Petroleum Corporation Limited Vs. R. Chandramouleeswaran and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Tenants Protection Rights
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Madras City Tenants Protection Act, 1921 (3 of 1922)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Madras City Tenants’ Protection Act, 1921 – s.9 – The rights of tenants in terms of – The appellants-Three oil companies had under different written registered lease deeds with the landlords taken land on long-term lease and had thereupon constructed petrol pumps that were given to and operated by the dealers appointed by the appellant under the dealership agreements – The respondents- landlords filed suits for ejectment for recovery of possession of the land – Thereafter, the appellant had filed applications purportedly u/s. 9 of the Act for transfer/sale of the leasehold land in whole or in part at the price fixed by the Court – The applications were rejected by the High Court – On appeal, held: The appellant-tenants would not be entitled to the benefit and rights under the Act unless they are in actual physical possession of the building constructed by them – In other words, in case the appellants have let out or sub- let the building or given it to third parties, including dealers or licensees, they would not be entitled to protection and benefit under the Act – The orders passed by the High Court upheld.Madras City Tenants’ Protection Act, 1921 – Sub-clauses (i) and (ii) (a) to Cl.4 of s.2 – Applicability of – Held: Sub-clauses (i) and (ii)(a) to clause (4) of s. 2 of the Act apply to all tenants who had entered into oral or unregistered written agreements or registered written agreements without any stipulation with regard to ‘erection of buildings’ for taking land on lease, and had subsequently constructed buildings – Such tenants would be entitled to protection of the Act provided the tenant satisfies the conditions mentioned in sub-clauses (i) or (ii)(a) to clause (4) of s.2 of the Act. Madras City Tenants’ Protection Act, 1921 – Sub-clause (ii)(b) to Cl.4 of s.2 – Applicability of – Paragraph 1 of sub-clause (ii)(b) to clause (4) of s.2 of the Act applies to tenants who are not entitled to the rights under the Act by reason of the proviso to s.12 which stood deleted vide the Amendment Act, 1972 – Paragraph 2 of the said sub-clause applies to cases where a decree of declaration or decree or an order of possession or similar relief has been passed against a tenant on the ground that the proviso to s.12, which was omitted by the Amendment Act, 1972, disentitles the tenant from claiming rights under the Act. Accordingly, sub-clause (b) to s.2(4)(ii) would apply only to tenancies which were earlier excluded from the protection under the Act vide the proviso to s.12 which stands deleted with retrospective effect vide the Amending Act, 1972
Judge	Hon'ble Mr. Justice Sanjiv Khanna
Neutral Citation	2020 INSC 92
Petitioner	Bharat Petroleum Corporation Limited
Respondent	R. Chandramouleeswaran And Others
SCR	[2020] 3 S.C.R. 436
Judgement Date	2020-01-28
Case Number	2870

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