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2013 Supreme(Ker) 954

N.K.BALAKRISHNAN
Bharat Petroleum Corporation Ltd. – Appellant
Versus
T. S. Kalyanaraman – Respondent


Advocates Appeared:
For the Appellant :N.N. Sugunapalan (Sr.) and S. Sujin, Advocates.
For the Respondent:P. Radhakrishan, Advocate.

JUDGMENT :

N.K. BALAKRISHNAN, J.

1. The defendants are the appellants. The suit was for recovery of possession of the plaint schedule property and also for arrears of rent amounting to Rs.29,145/- which was the rent for the period from 23/09/2004 till 4/6/2007 the date of termination of lease. Besides, the plaintiff also claimed damages for use and occupation at the rate of Rs.20,000/- per month from 5-6-2007 to 5-11-2007 and for the period till the date of surrender of possession of the building. The suit was decreed by the trial Court. The appeal filed by the defendants was dismissed. Hence, this Second Appeal.

2. The following are the substantial questions of law framed in this case:-

(i) Whether the date of execution of the lease deed or the date of commencement of the lease arrangement agreed upon by the parties is the date of the lease ?

(ii) If the original lease executed expires before 20th May 1967 and on expiry of the original lease parties entered into a renewal deed, whether there is continuity of the lease arrangement or not and whether the lessee can claim the benefits of Section 106 of the Kerala Land Reforms Act if the renewal of lease was prior to 20th May 1967 and prov
























































































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