Indian Oil Corporation Ltd vs Subodh Dhussa (2024:Rj-Jd:30312-Db) on 18 July, 2024
In "Bharat Petroleum Corporation Limited & Anr. Vs.
Delight Grih Nirman Pvt. Ltd. & Ors.", the Calcutta High Court held
that eviction of the oil company in a writ proceeding is not
permissible, but then, the writ petition seems to have been
dismissed on another ground. In paragraph 48 of the reported
judgment, the Calcutta High Court observed that in view of the
disputed questions of fact involved the parties were required to
resolve the issues by filing a civil suit. Whereas, we do not find
any dispute on facts in the present case inasmuch as execution of
the lease agreement and the notice issued by the IOCL are not
disputed. In "Bharat Petroleum Corporation Ltd.", section 9 of the
Madras City Tenants' Protection Act, 1921 came to be examined
by the Hon'ble Supreme Court. It was held that the right of the
tenant to purchase the demised premises does not create any
interest or right in the property and it is only a privilege granted to
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him by the statute which is equitable in nature. The Hon'ble
Supreme Court further held that the privilege so granted is not
absolute and the tenant has the right only to secure conveyance of
such portion of the holding as would be necessary for his
convenient enjoyment. Similarly, "Cantonment Board" is a decision
to the effect that an objection to the jurisdiction of authority to
entertain the proceedings over the subject matter goes to the root
of the proceedings and this judgment is also not relevant for the
present purposes.