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1985 Supreme(Guj) 228

N.H.BHATT
KAPADWANJ NAGARPALIKA – Appellant
Versus
BHARAT PETROLEUM CORPORATION LIMITED – Respondent


Advocates Appeared: B.R.GUPTA, D.D.Vyas, M.R.SHAH

N. H. BHATT, J.

( 1 ) THIS is a petition under Art. 227 of the Constitution of India (though filed under Art. 226) by the Kapadwanj Nagarpalika being aggrieved by the order of the learned Asst. Judge Kheda at Nadiad rejecting their appeal No. 118 183 the appeal having been preferred under sec. 9 of the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act 1972 The appeal before the learned appellate Judge had arisen from the decision of the Deputy Collector in the original proceedings under that Act. This Nagar Palika had initially granted lease of a parcel of land to the Burmah Shell (which is the short name for the Burmah Shell Oil Storage and Distribution Company of India Limited) for the period of ten years as per agreement annexure-A (page 16) dated 7/07/1968 As per that registered deed the lease commenced on 22-1-1966 and was to end on 21-1-1976. In that agreement there is a clause 3 which is reproduced below:"3 If the lessee shall have given to the lessor not less than two calendar months notice in writing prior to the expire of the term reserved herein expressing desire to renew the lease and shall have duly observed and performed all the terms and conditions here













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