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september 1988

Supreme Court of India · 1988-09-19

HINDUSTAN PETROLEUM CORPORATION LTD. & ANR. vs SHYAM CO OPERATIVE HOUSING SOCIETY & ORS.

Citation / case number
SC 1987/70991
Court
Supreme Court of India
Petitioner
HINDUSTAN PETROLEUM CORPORATION LTD. & ANR.
Respondent
SHYAM CO OPERATIVE HOUSING SOCIETY & ORS.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court ruled that under Section 15A of the Maharashtra Rent Control Act, a person in occupation of a property as of February 1, 1973, acquires the status of a deemed tenant, thus entitled to statutory protection. The Court held that the Esso Eastern Inc. was deemed a tenant due to its occupation prior to the enactment of the Act, and following the Esso (Acquisition of Undertakings in India) Act, 1974, the Central Government was also deemed the tenant. Consequently, the eviction application filed by the Shyam Cooperative Housing Society was dismissed, affirming the petitioner's right to remain in possession of the flat.

HINDUSTAN PETROLEUM CORPORATION LTD. & ANR. vs SHYAM CO OPERATIVE HOUSING SOCIETY & ORS. · Niyam