JUDGMENT :

R.D. Kothari, J.

Facts are somewhat interesting. The question raised herein is; roughly stated, what is the nature of occupation of the petitioner qua the respondents and also its nature of occupation qua the property in question. To appreciate the controversy raised herein, facts may be referred to.

2. Relevant facts leading to the filing of these two petitions briefly are, thus;

2.1. At Jashonath Chowk, Bhavnagar, there is one petrol pump. The dispute between the parties centers around the said petrol pump. Story of petrol pump, in short, is, thus; In 1952, about 6113 sq. yards land was given on lease by former ruler of the Bhavnagar State to one Company then known as 'Burma Shell Co.' Lease was for the 10 years. It is said that retail outlet to sell petrol products started in 1952. Then, on 26.2.1964, a registered lease deed was executed for another period of 10 years by Maharaja in favour of Burma Shell Co. The respondent had acquired the dealership in 1970. The respondent acquired licence/dealership in the name of Bhavnagar Auto Resort. In 1976, Burma Shell Co. was taken over by the Government and the company now known as "Bharat Petroleum Corporation Ltd. (BPCL) had re