Reserved On : 28/01/2026 Pronounced On : 06/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL REVISION APPLICATION NO. 173 of 2004 With CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of 2025 In R/CIVIL REVISION APPLICATION NO. 173 of 2004 With R/CIVIL REVISION APPLICATION NO. 177 of 2004 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J. C. DOSHI ==========================================================

Approved for Reporting Yes No ==========================================================

BHARAT PETROLEUM CORPORATION LTD.

Versus NIRMA LTD. & ORS.

==========================================================

Appearance:

MS MINOO A SHAH(774) for the Petitioner MR KAMAL TRIVEDI, SR. ADVOCATE with MR KUNAN B NAIK(3210) for the Respondent No. 1 MR MEHUL VAKHARIYA, ADVOCATE for Respondent No.2 RULE SERVED BY DS for the Respondent Nos.3,4,5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

CAV JUDGMENT

1. These are the rent revisions one by the lessee and another by sub-lessee challenging eviction order.

2. The eviction order passed in HRP Suit NO.103 of 1985 confirmed by common order in Regular Civil Appeal Nos.42 and 2000 and 22 of 2000, is a subject matter of challenge in these CRAs. Thus, I propose to decide both the CRAs by this common judgment.

2.1. For the sake of convenience and brevity, parties are referred to as per their original status before the learned trial Court.

3. The facts essential to decide the matters noted from the impugned judgment are as under:-

3.1 Mr. Pravinbhai Patel and his brothers in the capacity of landlord filed the aforestated HRP suit against defendant No.1 Bharat Petroleum Corporation Limited formerly known as Burmah Shell Oil Storage & Distribution Company of India Limited (in short “lessee”) and defendant No.2 Mahendra Motors (in short “sub-lessee”) along with three other sub sub lessee i.e. Honest Car Repairing Works, Rajesh Auto Centre and Prashant Tyre Services for eviction of land bearing Final Plot No.108/1 admeasuring 1000 sq yard being part of Town Planning Scheme No.3 situated at Ashram Road, Ahmedabad (in short “demised land”). The landlord claimed that they are the part of the HUF and they have leased the demised land to the lessee, a company incorporated in UK and carrying business inter alia at Bombay by entering and executing lease deed on 24.3.1972, which was registered as Sr No.3910 at the Sub Registrar Officer, Ahmedabad for the time period of 14 years commencing from 29.9.1970 and was to expire in midnight of 29.9.1984, at a monthly rent of Rs.1000/-

exclusive of all taxes.

3.2 One of the conditions of the lease deed was that the lessor was at liberty to construct any structure upon the demised land and had full and free liberty to use the demised land as a storage, depot or a service station for the purpose of selling or otherwise dealing in, or of receiving, storing, treating or handling for distribution of petroleum or any of its products and Kindered Motor Accessories or any other trade or business.

3.3 Under the terms and conditions of the lease deed, lessee had full and free liberty to erect, and maintain in the demised land all manner of equipments, plant, building, machinery, tanks, godowns, pumps, filing sheds and other structures, fixtures and appliances and facilities to use all parcels of the demised land for the purpose stated in the earlier part of the lease deed and further had full liberty to sublet, give or license to any third party the demised land without any further reference to the lessor.

3.4 The lessee is an undertaking of the Government of India and a successor in title to Burmah Shell Oil Storage & Distribution Company of India Limited. The Government of India on 24.1.1976 undertook the possession of original lessee by virtue of Burma Shell (Acquisition of Undertakings in India) Act ,1976. Thereafter, name of the company was changed to Bharat Refineries Ltd. w.e.f. 12.2.1976. Accordingly, name of the le