JAWAHAR LAL GUPTA
Bharat Petroleum Corporation Ltd. – Appellant
Versus
Union Of India – Respondent
1. Can the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 be invoked by a Nationalised Bank against the Bharat Petroleum Corporation Ltd.? This is the short question that arises in this case. A few facts may be noticed.
2. In the year 1965, the Burmah Shell Oil Storage and Distributing Company of India Ltd. took on lease the second floor of SCO No. 70-71, Sector 17-B, Chandigarh from the New Bank of India (hereinafter referred to as the Bank) at a monthly rent of Rs. 1100.00. In the year 1970, a registered lease-deed was executed between the petitioner-Company and the Bank and the rate of rent was raised to Rs. 1300.00 per month. The lease deed was originally executed for a period of five years, but was renewable for another term of five years on a monthly rent to be fixed in accordance with the prevailing rates. In the year 1970 the Parliament passed the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (hereinafter referred to as the Bank Nationalisation Act). The New Bank of India thus, became a Corporation established by the Central Act. The Parliament also enacted the Burmah Shell (Acquisition of Undertaking in Ind
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