JUDGMENT :

SUVRA GHOSH, J.

1. The writ petitioner has inter alia prayed for issuance of writ in the nature of mandamus commanding the respondents to quit, vacate and handover peaceful possession of the property at 137A, Beliaghata Road, Kolkata – 700010 and at 6 Nafar Koley Road, Kolkata – 700010.

2. M/s. Burmah Shell Oil Storage and Distribution Company of India Limited (hereinafter referred to as “Burmah Shell”), the predecessor in interest of the first respondent entered into a lease with the predecessor in interest of the petitioner by virtue of a deed of lease dated 21st January, 1966 in respect of the plots in question for a period of 10 years commencing from 1st January, 1966 with option for renewal on the part of the lessee for the purpose of storage and sale of petroleum products, motor accessories etc. either by itself or by duly appointed agents and dealers. There was a covenant for renewal of the lease for two consecutive periods of 10 years each upon observance and performance of all terms and conditions stipulated in the deed by the lessee. On 24th January, 1976 Bharat Refineries Limited acquired complete ownership of Burmah Shell’s interests in India under Burmah Shell (Acquisition of undertaking in India) Act, 1976 and was named as Bharat Petroleum Corporation Limited. The lease hold right granted in favour of Burmah Shell having been transferred by operation of law in favour of Bharat Petroleum Corporation Limited (hereinafter called the BPCL), the latter became lessee in respect of the premises under the terms and conditions contained in the deed of lease of 1966.

3. The BPCL stopped payment of lease rent from May, 1982 to the lessors claiming to be thika tenant within the meaning of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 and in a writ petition filed by the lessors being CR no. 7731 (W) of 1983, inter alia, challenging the alleged vesting of the land under the Act of 1981, this Court, by an interim order passed on 17th December, 1985, stayed the operation of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 and the Rules there under in respect of the premises in question till further order. The Court restrained the lessors and the State Government from selling/disposing of the said premises and interfering with the peaceful possession of the lessee therein and the lessee was allowed to possess the premises upon payment of rent to the lessors. In view of the said order the period of lease was extended for a further period of 10 years w.e.f. 1st January, 1986 and thereafter for another 10 years which extended till 31st December, 2005. The lessee was not entitled to any further extension of the lease period despite which it surreptitiously deposited the lease rent in the bank account of the erstwhile lessors which was refunded to BPCL.

4. In view of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, the writ petition was transferred to the Tribunal by this Court.

5. The matter was permitted to be withdrawn on prayer of the petitioner by an order passed on 28th January, 2021.

6. Despite several requests made by the petitioner to the respondents to hand over possession of the premises, they are continuing to enjoy possession of the property illegally and are trespassers therein in absence of any lessorlessee relationship between the parties. Having acquired title in respect of the premises by dint of a deed of indenture executed on 28th December, 2006, the petitioner sent representation to the respondents requesting them to vacate the premises but to no effect. The respondents are running a petrol pump in the premises which is operated by a dealer and also have a car parking business therein.

7. Referring to a letter issued by the Assistant Assessor Collector on 22nd February, 2021, learned counsel for the petitioner has submitted that the premises in question is not a thika effected property. The respondents admitted that the original lessors accorded express permissio