Ashim Kumar Banerjee, J.

On December 18, 1957 Burma Shell Oil Storage and Distribution Company of India Ltd., a foreign petroleum company took on lease of premises No. 14A, R.N. Mukherjee Road, Calcutta from M/s. Pyne Properties Pvt. Ltd. for running a petrol pump. The lease was initially for ten years that was from time to time renewed. On December 28, 1970 Burma Shell appointed M/s. Howrah Motor Pvt. Ltd. as their dealer to run the said petrol pump. On January 24, 1976 Burma Shell was taken over by Bharat Petroleum Corporation Ltd., a public sector undertaking. By virtue of the said take over the newGovernment company became the lessee in place of Burma Shell under Pyne Properties Pvt. Ltd. Pyne Properties transferred the ownership to M/s. Atindra Pvt. Ltd., a company virtually run by Dey family, having the management and control of Howrah Motor Company Ltd. In effect, Howrah Motor, in addition to the dealership of the petrol pump got the ownership too. On January 18, 1982, the Calcutta Tikha Tenancy Act, 1981 came in force. Initially there had been a confusion as to the definition of “Tikha Tenant” as to whether the petrol pump could come within the mischief of the sa