1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.535 OF 2009 Bharat Petroleum Corporation Ltd. ..Applicants. Vs. Shri.Rama Chandrashekhar Vaidya and anr. ..Respondents. Mr. S.R.Page for the Applicants. Mr. P.K.Dhakephalkar i/by M/s. Federal Rashmikant for the Respondent Nos. 1 and 2. CORAM : R.S. MOHITE, J. DATE : 14/10/2009 PC : 1 This is an application filed by the original defendants against whom there is a decree for eviction passed by the Appellate Court. The plaintiffs filed a suit for eviction under Section-41 of the Presidency Small Causes Court s court. It was the plaintiffs case that the suit property was given on lease under a lease deed dated 22.9.1955 with effect from 1.3.1955 for a period of 25 years. The said period was come to an end 2 on 28.2.1980. Prior to this period coming to an end Burmah Shell Oil Storage and Distribution Company of India Ltd. was taken by the Central Government under The Burmah Shell (Acquisition of Undertakings in India) Act, 1976 and the lease hold rights were vested in the Central Government. Subsequently the rights of the Central Government were transferred to the defendants in the present suit i.e. Bharat Petroleum Corporation Ltd. Only defence raised on behalf of the defendants is that, in view of Section 5(2) of the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 ordinary provisions of the Transfer of Property Act would not apply and that the defendants would have right to further renew the lease deed for a period beyond the agreed period of 50 years. Reliance is placed on the judgment of the Apex Court reported in the case of Bharat Petroleum Corporation Ltd. Vs. Keshavan and another reported in 2004 S.C.2206. In my view, there is no substance in this contention. Section 3 3 and 5 of The Burmah Shell (Acquisition of Undertakings in India) Act, 1976 were in the following terms. 3- On the appointed day, the right, title and interest of Burmah Shell, in relation to its undertakings in India, shall stand transferred to, and shall vest in the Central Government. 5- (i) Where any property is held in India by Burmah Shell, under any lease or under any right of tenancy, the Central Government shall, on and from the appointed day, be deemed to have become the lessee or tenant, as the case may be, in respect of such property as if the lease, or tenancy in relation to such property had been granted to the Central Government, and there upon all the rights under such lease or tenancy shall be deemed to have been transferred to, and vested in, the Central Government. 4 (2) On the expiry of the term of any lease or tenancy referred to in sub-section(1), such lease or tenancy shall, if so desired by, the Central Government, be renewed on the same terms and conditions on which the lease or tenancy was held by Burmah Shell immediately before the appointed day. 2 It is seen from Section 5(2) of the Act that on the expiry of the term of any lease or tenancy, Central Government had a right to renew the same but that right could only be exercised on the same terms and conditions on which the lease and tenancy was held by Burmah Shell. In the present case, lease was held by Burmah Shell on the terms and condition of single renewal after 25 years . It is therefore, clear that only one renewal was possible in the facts and circumstances of the present case. My attention is drawn to a judgment of this court which have taken the similar view. Reference is made to a judgment of a 5 Single Judge of this court (A.S.Oka, J.) passed in the case of The Depot Supterintendent HPCL and another Vs. Kolhapur Agriculture Product Market Committee in Second Appeal No.1375 of 2004. 3 In view of the above, I do not find any substance in the revision and the same is accordingly, dismissed and stands disposed off. 4 At this stage, the Advocate for the applicants states that he would like to challenge this order in the Apex Court. This prayer is opposed by the Advocate for the respondents. However, in the interest of justice, it is directed that, if the applicants through their duly authorized officer and their existing dealer files separate affidavits in this court on or before 6.11.2009 to the effect that they will not create any third party right or part with possession of the suit property or any part therefore, the impugned decree 6 will not be executed for a period of eight weeks from today. ( R.S.MOHITE, J. )