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2004 Supreme(SC) 423

S. B. SINHA, S. H. KAPADIA
Bharat Petroleum Corporation LTD. – Appellant
Versus
P. Kesavan – Respondent


JUDGMENT

S.B. Sinha, J.-

Introduction :

Whether in view of the provisions of the Burmah Shell (Acquisition of Undertakings in India), Act, 1976 (hereinafter referred to as the Act ) the appellant was entitled to a renewal of lease is the short question involved in these appeals.

Factual Background :

2. The factual matrix of the matter is being noticed from Civil Appeal No. 1383 of 1999.

3. A deed of lease was executed on or about 22.11.1967 by one Smt. Angammal wife of Shri Angappa Chettiar in favour of Burmah Shell Oil Storage & Distributing Company Limited (Burmah Shell) in respect of 23 acres and 16 cents of property/land situated in the town of Bhavani for a period of twenty years on a quarterly rent of Rs. 300/- for the purpose of "erecting an installation and/or one or more pumps service/filling stations together with overhead/underground tanks and other fittings for storage of petroleum products and such other facilities and buildings as the lessee may require and for carrying business is such products through such facilities and other kindered motor accessories or any other trade or business that can conveniently be carried on in the demised premises". The original lessor allege


































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