Case Note & Summary
The case involves a lease dispute between landlords (respondents) and a tenant (applicant, Hindustan Petroleum Corporation Limited). The landlords executed a lease deed on 24 July 1961 for 20 years at Rs.400 per month, with a renewal clause allowing two extensions of 10 years each. The lease expired on 15 April 2001. The landlords issued a termination notice on 18 April 2001, which the tenant replied to on 8 June 2001. The tenant did not vacate, leading to an eviction suit under Section 41 of the Presidency Small Cause Courts Act, 1882. The trial court decreed eviction and ordered an enquiry into mesne profits under Order XX Rule 12 CPC. The appellate bench confirmed both the eviction decree and the mesne profits order. The tenant filed two civil revision applications under Section 115 CPC challenging the concurrent findings. The High Court held that the lease had expired by efflux of time, the termination notice was valid, and the concurrent findings were not perverse or without jurisdiction. The court dismissed both revisions, upholding the eviction and mesne profits.
Headnote
A) Property Law - Lease - Renewal Clause - Termination - Lease deed executed for 20 years with renewal clause for two terms of 10 years each - Lease expired on 15 April 2001 - Notice of termination dated 18 April 2001 held valid - Concurrent findings of eviction upheld (Paras 26-27).
B) Civil Procedure - Revision - Section 115 CPC - Concurrent Findings - High Court in revisional jurisdiction cannot interfere with concurrent findings of fact unless perverse or without jurisdiction - No such error found (Para 28).
C) Mesne Profits - Determination - Order XX Rule 12 CPC - Mesne profits fixed at Rs.93,227 per month with 6% interest - Concurrent findings upheld (Paras 10-11, 28).
Issue of Consideration
Whether the concurrent findings of eviction and mesne profits are sustainable in law, and whether the lease was validly terminated.
Final Decision
Both Civil Revision Applications dismissed. Concurrent findings of eviction and mesne profits upheld.
Law Points
- Lease renewal clause
- termination of lease
- mesne profits
- concurrent findings
- Section 115 CPC
- Section 41 PSCC Act
Case Details
2024 LawText (BOM) (7) 23
Civil Revision Application No.406 of 2011 and Civil Revision Application No.875 of 2011
Mr.Godbole (Senior Advocate for Applicant), Ms. Benese (for Respondents)
Hindustan Petroleum Corporation Limited
MRS. PIROZA PARVEZ DRIVER & ANR.
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Nature of Litigation
Eviction suit under Section 41 of Presidency Small Cause Courts Act, 1882 and mesne profits determination under Order XX Rule 12 CPC.
Remedy Sought
Plaintiffs sought eviction of defendant and mesne profits.
Filing Reason
Defendant did not vacate suit premises after expiry of lease and termination notice.
Previous Decisions
Trial Court decreed eviction and ordered mesne profits enquiry; Appellate Bench confirmed both.
Issues
Whether the lease was validly terminated and eviction decree sustainable.
Whether the mesne profits determination was correct.
Submissions/Arguments
Defendant argued lease was renewed, permanent, and termination notice invalid; activities covered under 'manufacturing purpose'.
Plaintiffs argued lease expired by efflux of time, termination notice valid, and concurrent findings should not be disturbed.
Ratio Decidendi
The lease expired by efflux of time after renewal periods; termination notice was valid; concurrent findings of fact cannot be interfered with under Section 115 CPC unless perverse or without jurisdiction.
Judgment Excerpts
The original lease deed was to expire on 15 April 1981. As per the renewal clause if the lease deed is extended for a period of 10 years, twice, even then the lease could have come to an end on 15 April 2001.
The Civil Revision Application No.406 of 2011 challenges concurrent finding recorded by the trial Court and Appellate Court of eviction.
Procedural History
Plaintiffs filed eviction suit in July 2001; Trial Court decreed eviction on 11 June 2004; Appeal dismissed on 21 January 2011; Mesne profits fixed on 3 October 2007; Appeal against mesne profits dismissed on 23 August 2011; Civil Revision Applications filed in 2011.
Acts & Sections
- Presidency Small Cause Courts Act, 1882: Section 41
- Code of Civil Procedure, 1908: Order XX Rule 12, Section 115
