SATYABRATA SINHA, J, J.

( 1 ) BOTH these appeals arise out of a common judgment and decree passed by a learned single Judge of this Court in Suit No. 491 of 1985 instituted by Delta International Ltd. and another, inter alia, for eviction of the defendants-appellants and other reliefs.

( 2 ) THE basic fact of the matter is not in dispute.

( 3 ) THE plaintiffs' predecessor-in-interest Dewar's Garage (India) Pvt. Ltd. (In Short 'dewar') was maintaining and running a Petrol Service Station for sale of motor spares and components at premises No. 4d, Council House Street, Calcutta. The said Service Station was equipped with requisite Plant and Machinery. Dewar had erected and built certain structures on the said premises. Allegedly an agreement termed as leave and licence was granted by Dewar in favour of Esso Standard Eastern Inc. (in short ESSO ). As it was decided by Dewar not to continue to carry on business of Petrol Service Station, an agreement dated 18th July, 1970 was entered into with ESSO. By an order passed in Company Petition No. 331/91 Dewar amalgamated with the plaintiff. The business undertakings and the estates of ESSO had also been taken over by a Parliamentary Act,

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