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1984 Supreme(Ker) 234

T.KOCHU THOMMEN, RADHAKRISHNA MENON
MARIAMMA THOMAS – Appellant
Versus
BHARAT REFINERIES LTD – Respondent


Judgment :-

1. The petitioner is the owner of an extent of 36 cents of land in Sy. No 730/2 in Piravom Village, Muvattupuzha Taluk. It is stated that she has, no other property, and that she resides in an old and small house situated in a portion of the land in question. In 1953 she entered into an agreement of lease with the Burmah Shell Oil Storage and Distributing Company of India Limited (the "Burman Shell") acting through their agents. M/s. Ramaswamy Iyer & Sons, Muvattupuzha. The deed of lease provided that the term of the lease was to be 12 years. The rent was also specified. The deed did not contain any specific provision for renewal of the lease. At the end of 12 years, that is in 1965, the petitioner and the Burmah Shell renegotiated for renewal of the lease. The parties came to an agreement that the lease would be renewed upon the same terms and conditions, but subject to an enhancement of the rent. The rent was accordingly enhanced and the lease operated for another term of 12 years which expired on 31-12-1976. During the operation of the second term of the lease, that is on 24-1-1976, the impugned legislation, the Burmah Shell (Acquisition of Undertaking in India) Act,





















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