AIR 1991 KARNATAKA 249

Karnataka High Court

Hon'ble Judge(s): K. A. Swami, M. M. Mirdhe , JJ

(A) Transfer of Property Act (4 of 1882) , S.105— Lease - Subletting - Lease in favour of ESSO - Subsequent taking over by Central Govt. - Act of Central Govt. transferring properties of ESSO to ESSO Refining Co. and subsequently Hindustan Petroleum - Does not amount to subletting or assignment of leasehold rights by virtue of Ss.3 to 5 and 7 of ESSO (Acquisition of Undertakings in India) Act (1974) - Section 21(1)(f) of Karnataka Rent Control Act -Not attracted. ESSO (Acquisition of Undertakings in India) Act (4 of 1974) , S.3, S.4, S.5, S.7— Karnataka Rent Control Act (22 of 1961) , S.21(1)(f)— Where the lease of the premises in question was in favour of Esso Eastern Incorporation which was subsequently taken over by the Central Govt. and then by Esso Standard Refining Co. of India Ltd. and by the Hindusthan Petroleum Corporation, the act of the Central Government in transferring the properties Esso to Esso Standing Refining Co. of India Ltd., and then to Hindsthan Petroleum Corporation did not amount to subletting or assignment of the lease hold rights. There is no act of party i.e., the tenant that is involved in substituting the name of the Hindusthan Petroleum Corporation either by assigning or sub-letting. It is all done by law. By virtue of Ss.3 to 5 of Esso (Acquisition of Undertakings in India) Act (1974) it is clear that the lease h....