JUDGMENT

Arijit Pasayat, J.-These two appeals are interlinked in the sense that identical issues in law are involved. We shall indicate the factual position in C.A. No. 7467 of 2003 as basically the impugned judgment in the said case is the foundation of the judgments impugned in C.A. No. 4463 of 2004.

Factual background in C.A. No. 7467 of 2003 is as follows:

2. Undisputedly, respondent No.1 was the landlord and on the basis of a lease agreement, the appellant-Bharat Petroleum Corporation Ltd. (hereinafter referred to as the tenant ) occupied the premises. The lease was operative from 1.4.1958 to 31.5.1978. A petrol pump was set up in the leased property. It is to be noted that the lease dated 7.10.1960 was executed between the Erstwhile Burmah Shell Oil Storage and Distributing Co. of India Ltd. (in short Burmah Shell ) the Predecessor-in-title of the tenant and respondent No.1. In view of the Burmah Shell (Acquisition of Undertakings in India) Act, 1976, the currency of the lease agreement was extended and on expiry of the period of request was made by the tenant for extending the currency of the lease agreement.

3. According to the landlord a letter of refusal was sent. The landl