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6.The Civil Revision Petition was dismissed by this Court on 25.08.2005 holding that BPCL was not in possession of the property and as such, they are not entitled to the benefits of the City Tenants' Protection Act. The said order was challenged in S.L.P.No.2471/2006, which was subsequently registered as C.A.No.5903/2006. The Supreme Court by way of a common order remanded the matter for fresh consideration.

7. C.M.A.No.336 of 1987 :- Land admeasuring 100x100 feet situated at No.183-A, R.S.No.1139/2B Royapettah High Road, Chennai, was taken on lease by the erstwhile ESSO Eastern Inc. by way of a lease deed dated 26.02.1962. The lease was for the purpose of putting up a retail petroleum outlet. Initially, the lease was for a period of ten years with effect from 10.02.1962. Subsequently, the landlord filed a suit in O.S.No.4400/1972, before the IV Additional City Civil Court, Chennai against ESSO Eastern Inc., praying for a decree of possession. By virtue of the ESSO (Acquisition of Undertaking) Act, the Central Government became the owner of the said Company and by way of a notification dated 12.07.1974, Government of India transferred the right, title and interest of ESSO Eastern Inc. in favour of M/s.Hindustan Petroleum Corporation Ltd. [hereinafter referred to as HPCL]. The suit filed by the landlord in O.S.No.4400/1972 was dismissed by the IV Addition City Civil Court, Chennai as per Judgment and Decree dated 06.05.1979. The said Judgment and Decree was taken up in appeal in A.S.No.337/1979 before the Principal Judge, City Civil Court, Chennai. The appeal was dismissed on 01.08.1980.

(vi)The intention of the legislature is very clear that Section 2(4)(ii) is intended to cover only the original tenants.
13(b). The learned senior counsel for the respondent in C.M.A.No.336/1987 would contend thus:-
(i)By virtue of the ESSO Acquisition Act, HPCL became the owner of the property hitherto owned by ESSO Inc. The leasehold rights of ESSO Inc. also devolved on HPCL by virtue of Section 7 of the ESSO Acquisition Act. Therefore, for all practical purposes, HPCL has stepped into the shoes of ESSO Inc. and as such, HPCL was justified in filing an application under Section 9 of the Act.

31.The provisions of Burmah Shell (Acquisition of Undertakings in India) Act, 1976, Caltex (Acquisition of shares of Caltex Oil Refining (India) Ltd. and of the Undertakings in India of Caltex (India) Ltd. Act, 1977 and the ESSO (Acquisition of Undertakings in India) Act, 1974 are identical in nature. Therefore, we may refer to the relevant provisions of ESSO Acquisition Act.

32.The ESSO (Acquisition of Undertakings in India) Act, 1974 was enacted to provide for the acquisition and transfer of the right, title and interest of Esso Eastern Inc. in relation to its undertakings in India with a view to ensuring co-ordinated distribution and utilization of petroleum products distributed and marketed in India by the said Company. Section 3 of Esso (Acquisition of Undertaking in India) Act provides that on the appointed day, the right, title and interest of Esso in relation to its undertakings in India, shall stand transferred to, and shall vest in, the Central Government.

13.The appellate court was clearly in error in not appreciating that by Section 3 of the Acquisition Act, the right, title and interest of Esso Eastern Inc. in relation to its undertakings in India, shall stand transferred to, and shall vest in, the Central Government as from the appointed day i.e. as from 13-3-1974. Under sub-section (1) of Section 5 thereof, the Central Government became the lessee or tenant, as the case may be. By sub-section (2) thereof, on the expiry of the term of any lease or tenancy referred to in sub-section (1), such lease or tenancy shall, if so desired by the Central Government, be renewed on the same terms and conditions on which the lease or tenancy was held by Esso immediately before the appointed day. By a notification issued on the next date, the right, title and interest of the Central Government became vested in Esso Standard Refining Company of India Ltd., a government company, w.e.f. 15-3-1974. Furthermore, by reason of Lube India and Esso Standard Refining Company of India Ltd. Amalgamation Order, 1974 made by the Company Law Board under Section 396(1) and (2) of the Companies Act, 1956, the undertaking of Lube India Ltd. vested in Esso Standard Refining Company of India Ltd. and immediately upon such transfer, the name of Esso Standard Refining Company of India Ltd., stood changed to Hindustan Petroleum Corporation Ltd.