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1995 Supreme(SC) 943

B.L.HANSARIA, B.P.JEEVAN REDDY, K.RAMASWAMY
G. Sridharamurti – Appellant
Versus
Hindustan Petroleum Corporation LTD. – Respondent


Advocates:
M.K.MICHEL, RAJIV KAPOOR, S.K.KULAKARNI, SANTOSH HEGDE, SURYA KANT SHARMA, SUSHMA SURI, VASIM A.QADRI

(1) LEAVE granted. We have heard learned counsel for the parties.

(2) AN open space measuring 66.6 x 40 feet comprised in Survey No. 432/25 in Ward No. XVII situated at Bangalore-Bellary Trunk Road in the city of Bellary, was in the possessIOn of Esso Company pursuant to a lease dated 17/7/1969 granted by the appellant- Esso Company was merged into respondent-corporatIOn on 14/3/1974. The appellant filed evictIOn petitIOn under SectIOn 21(1(f) of the Karnataka Rent Control Act (for short, the Act) for ejectment on the ground of sub-letting, impleading Esso Company and thereafter, the respondent-corporatIOn. The Esso (AcquisitIOn of Undertakings in India) Act, 1974 (for short, the Esso Act) came into force w.e.f. 13/3/1974. The courts below dismissed the applicatIOn on the ground that the Esso Company had not sub-let the demised premises but by virtue of a statutory operatIOn under the Esso Act, the respondent-corporatIOn stood transposed as a tenant which is an involuntary- act pursuant to SectIOn 7 of the Act; and notwithstanding the specific embargo created under SectIOn 2l(1(f) of the Act, it cannot be construed to be a sub-letting. The High court also reached the










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