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1991 Supreme(Mad) 117

NAINAR SUNDARAM, THANIKKACHALAM
Hindustan Petroleum Corporation Limited, Bombay – Appellant
Versus
Vummidi Kannan – Respondent


Appearing Advocates:S.Govindaswaminathan, Senior Counsel for M/s.Ramasubramaniam Associates, for Appellant. V.Krishnan, for M/s.R.Srinivasan, V.Kunchithapatham and K.Raghunathan, for Respondent.

Judgment :-

Nainar Sundaram; J.:

This appeal is directed against the judgment and O.S.No.2439 of 1981, on the file of the Second Additional City Civil Judge, Madras defendant is the appellant and the plaintiff is the respondent. The facts leading to the may be traced as follows:

On 7.8.1964, an agreement of lease, as per Ex.A-1, was into between the plaintiff and Esso Standard Eastern Inc., in and by which a lease of land was given to the defendant. It is sufficient if we recapitulate only the relevant the lease. The period of lease was from 1.7.1964 to 30.6.1974. There was a payment advance of Rs.15,600 to be adjusted from half of the monthly rent for the first four Clause 3(d) of the lease contemplated the renewal of the lease and since a part controversy in this appeal arises out of this clause, we feel obliged to extract the said as follows:

“That the landlord will on the written request of the tenant made 2 calendar months the expiry of the term hereby created and if there shall not at the time of such request existing breach or non-observance of any of the covenants on the part of the hereinbefore contained grant to it a lease of the demised premises for the further term year























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