J U D G M E N T:

1. At the outset Mr. Paranjape, the learned counsel appearing for Revision Applicant seeks leave to convert Writ Petition into Civil Revision Application. Leave granted. Amendment to be carried out forthwith.

2. Applicant-Hindustan Petroleum Corporation Limited (HPCL) has filed the present Civil Revision Application challenging the judgment and decree dated 18 September 2023 passed by Appellate Bench of Small Causes Court dismissing Appeal No.269 of 2018 and confirming the judgment and decree dated 7 July 2018 passed by Small Causes Court, Mumbai in TE Suit No.181/224 of 2011. The Trial Court has decreed the TE Suit No.181/224 of 2011 and has directed the Revision Applicant to handover vacant and peaceful possession of the suit premises to the Plaintiffs with further direction for conduct of enquiry into mesne profits under Order 20, Rule 12 of the Code of Civil Procedure, 1908 (the Code).

3. Facts of the case, in brief, are that Plaintiffs' father Mr. Mansukhlal B. Doshi was the owner of land bearing Plot No. B-1, Survey No.12, Hissa No.1 (part) admeasuring 2055.67 square yards at village Mohili, Sakinaka, Andheri Kurla Road, Mumbai (suit premises). M/s. Caltex (India) Limited (Caltex), Indian arm of global oil company, approached Plaintiffs' father in the year 1964 seeking lease in respect of suit premises for establishing its retail fuel outlet. Accordingly Indenture of Lease dated 31 January 1964 came to be executed between Plaintiffs' father and Caltex granting lease in respect of suit premises in favour of Caltex for a period of 20 years commencing from 1 December 1963 on monthly rent of Rs.1,500/-. Under clause 3(g) of the Indenture dated 31 January 1964, parties agreed that Caltex shall have an option of lease in respect of the suit premises for a further period of 10 years by making request two months before expiry of the tenure of the lease and that such further lease would contain a covenant for further renewal of the lease for 10 years on same terms and the conditions. It appears that Caltex established fuel station at the suit premises after securing leasehold rights vide Indenture dated 31 January 1964. Government of India incorporated HPCL by nationalizing Caltex, ESSO and Lube. By virtue of provisions of Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited) Act 1977, (Caltex Act) the right, title and interest of Caltex in relation to all its undertakings in India got transferred and vested in Central Government with effect from 30 December 1976. The said acquired business of Caltex was handed over by the Government of India to Revision Applicant/HPCL which continued operating retail fuel outlet at the suit premises.

4. The original owner Mr. Mansukhlal B. Doshi passed away on 7 June 1977, leaving behind his wife, three sons (Plaintiffs) and daughters. The mother of Plaintiffs passed away on 1 April 2000 and it is the case of Plaintiffs that they have succeeded to the suit premises by virtue of the Will executed by the mother.

5. The tenure of the original lease expired on 30 November 1983. It appears that HPCL continued to remain in possession of the Suit premises, possibly on account of renewal/extension clause in the Indenture. On 23 July 1993, Revisional Applicant/HPCL wrote to the Plaintiffs' mother for renewal of the lease for further term of 10 years on expiry of the extended tenure of lease on 30 November 1993. Plaintiffs served notice dated 29 July 2003 on Defendant-HPCL seeking possession of the suit premises on account of expiry of the tenure of original license as well as the extended/renewed tenure on 30 November 2003. Instead of handing over possession of the suit premises Defendant-HPCL wrote back to Plaintiffs on 11 August 2003 stating that under provisions of section 7(3) of the Caltex Act, it was entitled to renew the lease for further period of 10 years commencing from 1 December 2003. Accordingly, Defendan