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2014 Supreme(Raj) 1323

ARUN BHANSALI
Bharat Petroleum Corporation Ltd. , Mumbai – Appellant
Versus
Bhagwati Narayan – Respondent


For the Appellant:Sunil Beniwal, B.L. Choudhary, Advocates.
For the Respondent:O.P. Mehta, Advocate.

JUDGMENT

1. - This appeal under Section 96 CPC is directed against judgment and decree dated 23.03.2009 passed by Additional District Judge (Fast Track) No.4, Jodhpur, whereby, the suit filed by the plaintiff-respondent has been decreed by the trial court.

2. The facts in brief may be noticed thus: plaintiff Bhagwati Narayan filed a suit for possession and mesne profit against the appellants defendants, inter alia, with the averments that suit property a plot of land described in para 1 of the plaint situated at village Bawari on Jodhpur Nagaur road was let out w.e.f. 01.04.1967 by plaintiff, his mother Smt. Parwati and his brother Ganesh Narayan to defendants - Burmah Shell Oil Storage & Distributing 1 Company India Limited by three separate lease deeds for land admeasuring 5000 sq. ft., 7000 sq.ft. and 5000 sq.ft. respectively, which lease deeds were executed on 24.10.1967 and were registered on 30.11.1967; the assets of the lessee were transferred to Bharat Petroleum Corporation Limited pursuant to Burmah Shell Acquisition Act, 1976; the lease was for a period of 20 years 1 and, inter alia, provided for renewal of the lease for a further period of 20 years to commence from the da














































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