( 1 ) BOTH the Appeals can be disposed of under common Judgment at the admission stage.

( 2 ) O. S. NO. 1487 of 1987 was filed by the Plaintiffs (Respondents in a. S. No. 115/96) seeking judgment and decree against the 1st Defendant (The appellant in A. S. No. l 15/96) by directing Defendant No. 1 to vacate the suit schedule property and deliver the vacant peaceful possession to the Plaintiffs and to further direct the Defendantno. l to pay asum of Rs. 30,000/-as damages for unlawful possession and occupation of the suit premises from 1-6-1986 to 18-6-1987 and future damages @ Rs. 1,000/"- per day till the delivery of the posession is effected. The learned Principal Subordinate Judge, Vijayawada, who tried the Suit passed decree and judgment on 16-11-1995 directing the 1st defendant to deliver the suit schedule property to the Plaintiffs within a period of two months from the date of passing of the judgment and also further directed to pay a sum of Rs. 10,000/- per month towards the damages from 1-6-1987 till the date of the delivery of the vacant possession.

( 3 ) AGGRIEVED by the said judgment and decree of the Court below, the 1st defendant filed the Appeal No. 115/96. Similarly, the plaintiffs filed a. S. No. 482 /96 inasmuch as they are aggrieved to the extent of not allowing the full damages as claimed.

( 4 ) THE facts are few: the Hindustan Petroleum Corporation Limited, (hereinafter called the corporation ) is the appellant in A. S. No. 115/96. The respondents in the said appeal are referred to as the landlords for the sake of convenience. As per the plaint averments in O. S. No. 487/1987 on the file of the Principal Subordinate judge, at Vijayawada, the suit schedule property belongs to the landlords. A vacant site of 750 sq. yards situate in Machavaram, Vijayawada, Vijayawada town, in Krishna District was leased out to the then ESSO Standard, Eastern incorporation, a foreign company, under the registered lease deed dated 5-12-1967. The period of lease was fixed at 10 years commencing from 1-6-1967 thereby ending on 31-5-1977. The rent as stipulated in the lease deed was rs. 200/- per month. The Parliament enacted Act W of 1974 (ESSO Acquisition of Undertakings in India Act) under which all the properties, interest, rights and liabilities of the former ESSO company were acquired by the Hindustan petroleum Corporation Ltd. Thus, the Corporation became the tenant of the landlords in place of ESSO Company under the same terms and conditions of lease Deed dated 5-12-1967. By virtue of sub-section (2) of Section 5, on the expiry of term of lease or tenancy, such lease or tenancy if so desired by the government be renewed on the same terms and conditions on which the lease or tenancy was held by ESSO immediately before the appointed date. Admittedly, in the instant case, the lease expired on 31-5-1977. However, by virtue of the provisions of Act IV of 1974, the Tenant is entitled to exercise the option to continue with the same terms and conditions of the lease for a further period of 10 years. Therefore, by virtue of the said statutory provision, the corporation exercised the right to continue for further period of 10 years. Thus/ the Lease Deed is deemed to have been extended by 10- years from 1-6-1977 to 31-5-1987. The landlords required the place for residential purpose, so that it could fetch more income. Therefore, a notice dated 4-4-1987 was issued to the corporation requiring the Corporation to vacate the premises on the expiry of 10 years on 31-5-1987, and hand over the vacant possession. However, it appears that the Corporation made an effort to request the landlords to renew the lease for another 10 years which was rejected. Since the schedule property was being used by the Corporation, even though tenure of lease had expired by 31-5-1987 and as the property is required for the personal occupation and use of the landlords, the suit was filed for eviction and also for damages @ rs. 1,000/- per da