VidhiSangh

Supreme Court of India · 28/01/2022

SUBHASH CHANDER & ORS. versus M/S BHARAT PETROLEUM CORPORATION LTD.(BPCL) & ANR.

[2022] 8 S.C.R. 108 · 2022 INSC 107

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Summary

Landowners sought possession from BPCL after expiry of the original lease and its single renewal. Because the rented land was admittedly governed by Haryana rent legislation, the Court held that expiry did not make the protected tenant a trespasser or permit eviction through an ordinary civil suit. The Burmah Shell acquisition law’s vesting and renewal provisions did not exclude that protection. The landowners’ appeal was dismissed.

Issues

  1. Whether the civil court could entertain eviction proceedings after expiry of BPCL’s renewed lease where the Haryana rent statute applied.
  2. Whether the acquisition statute’s overriding clause displaced the rent-control remedy.

Provisions considered

Held

Result

Appeal dismissed; civil jurisdiction over the eviction suit held impliedly barred. Eviction must be sought under the applicable Haryana rent legislation.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 108.