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2020 Supreme(SC) 83

N.V.RAMANA, SANJIV KHANNA, KRISHNA MURARI
BHARAT PETROLEUM CORPORATION LIMITED – Appellant
Versus
R. CHANDRAMOULEESWARAN – Respondent


Advocates Appeared:
For the Appellant :Rahul Narayan, Parijat Sinha, Advocates
For the Respondent:Awanish Sinha, Chandra Shekhar Yadav, Pankaj Kumar, Vikas Mehta, Apoorv K., Anushree Menon, K. K. Mohan, V. Balaji, Asaithambi MSM, C. Kannan, Neha Singh, Rakesh K. Sharma, Narendra Kumar, Shiv Prakash Pandey, M. Yogesh Kanna, Prabha Swami, Divya Swami, Nikhil Swami, N. L. Ganapathi, Chandra Bhushan Prasad, E. C. Agrawala, Rishi Agrawala, Madhavi Agrawal, Abha Saigal, Prashi Tyagi, R. Balasubramanian, M. A. Chinnasamy, C.Rubavathi, V. Senthil Kumar, K. Ethiraj, Advocate, P. Raja Ram, R. Balasubramaniam, S. Ramesh, R. Venkataraman, M. Thangathuari, Kumar Dushyant Singh, M. A. Krishna Moorthy, S. Nagamuthu, T. R. B. Sivakumar, M.P. Parthiban, A.S. Vairavan, R. Sudhakaran, Advocate, Hardik Gautam, Shalini Mishra, Kamakshi S. Mehlwal, Vijay Kumar, Advocates.

JUDGMENT

Sanjiv Khanna. J.

Leave granted in the special leave petitions.

2. The above-captioned appeals filed by the three oil companies, namely, Bharat Petroleum Corporation Limited, Indian Oil Corporation Limited and Hindustan Petroleum Corporation Limited (hereinafter referred to as 'the appellant'), raise an identical question of law relating to the right of a tenant, in terms of Section 9 of the Madras City Tenants' Protection Act, 1921 (hereinafter referred to as the 'Act'), to an order whereby the landlords could be directed to sell the leasehold land in whole or in part at the price fixed by the court.

3. Briefly, the appellant 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. In some cases the leases were renewed on nationalisation of companies in terms of Burmah Shell (Acquisition of Undertakings in India) Act, 1976, Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited) Act, 1977, and Esso (Acquisition of


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