Indian Oil Corporation Limited vs Jogindarsingh Prahladsingh Patel

Headnote AI-drafted · Reviewed and approved

The Civil Revision Application was filed under Section 29(2) of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 by the original tenant (Indian Oil Corporation Limited) against the judgment and decree dated 23.02.2022 passed by the Appellate Bench of the Small Cause Court, Ahmedabad, which had dismissed the tenant's appeal and confirmed the eviction decree dated 31.03.2010 passed by the Small Causes Court in HRP Suit No. 1225 of 2006 filed by the respondent-landlord. A connected writ petition under Article 227 of the Constitution of India was filed by the dealer of the tenant (M/s Vijay Petroleum) seeking quashing of the eviction and execution orders, and alternatively, seeking direction to provide a dealership on a different property before handing over possession.

The dispute arose from a registered lease deed entered into between the tenant and the original owner of the suit property—a plot admeasuring 1120 square yards at Rakhiyal, Ahmedabad—initially for 20 years from 19.07.1973, with an automatic renewal clause for a further 10 years. The tenant had sub-licensed the property to its dealer for operation of a retail petroleum outlet. The suit property was subsequently sold by the original owner, and an attornment notice was issued to the tenant.

Since the outcome of the revision application had a direct bearing on the issues in the writ petition, both matters were heard and decided together by way of a common judgment by the learned Single Judge.

Catchwords: civil revision · eviction decree · Gujarat Rents Hotel and Lodging House Rates Control Act · landlord-tenant · lease deed · petrol pump dealer · Article 227 · Small Cause Court · attornment · renewal clause · execution petition

Execution of decrees (Order XXI Rule 97, Section 47 CPC)