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1984 Supreme(Bom) 86

DHARMADHIKARI, KAMAT
Trade Centre Developers and Builders – Appellant
Versus
Union of India – Respondent


Advocates:
M.V. Paranjape i/b Matubhai Jamietram Madan, for Petitioners; R.V. Desai with K.C. Sidhwa (for No. 1) Raja S. Bhosale and R.F. Nariman i/b. Mulla and Mulla and C.B.C. (for No. 2) and V.D. Govilkar, for Attorney General, for Respondents.

Judgement

DHARMADHIKARI, J .:- The present petitioner No. 1 i.e. Trade Centre Developers and Builders Pvt. Ltd. became the owners of the land in dispute pursuant to the consent decree passed by this court on 7th of may 1981 in suit No.895 of 1981 between the original petitioner Dina Dara Sukhia and the petitioner No.1. Petitioner No.2 Jagdish Prasad is the Director of the petitioner No.1 company. It is an admitted position that by an agreement of lease dated 3rd of December 1958 the original petitioner agreed to lease the land in dispute to Messrs Standard Vacuum Oil Company for a period of 20 years with effect from 1st October 1958. The said period was to expire on 1st October 1978. The annual rent of the said land was Rs. 2,200/- plus taxes. Other terms and conditions of lease were also incorporated in the agreement. It is also an admitted position that from 19th March 1962 rights and interests of the Standard Vacuum Oil Company were taken over by the Esso Standard Eastern Incorporated and therefore latter became the tenants of the said land. Under the Esso (Acquisition of Undertakings in India) Act, 1974 (hereinafter referred to as the said Act), the right, title and interest of



































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